“At present, all the accused have been ordered to be kept in judicial custody at the Rajpipla sub-jail. In addition, the accused have filed an application seeking transfer to a jail in another district, as their presence in Narmada could disturb law and order,” Bhatt said.

“One of the four convicted women is pregnant and another has a newborn child. Therefore, her lawyer has submitted an application requesting that the child be allowed to stay with its mother in jail,” she added.

Bhatt also said the accused had previously been released on a one-year probation in the case. However, since they allegedly committed offences again, she said, “taking all circumstances into consideration, the court has imposed the present sentence”.

Chaitar, who is the party’s working president in the state, became one of the most recognisable tribal leaders in the Narmada belt following his win from the Dediapada constituency in the 2022 Assembly elections in a victory that handed the AAP a foothold in the tribal heartland of south Gujarat. His political identity has been built largely on championing tribal land rights.

The conviction comes at a politically sensitive moment for the AAP in Gujarat, which is riding on Chaitar Vasava’s popularity among tribal voters.

The party recently scripted one of its biggest local body successes in the state, wresting control of the Narmada District Panchayat from the BJP and winning key taluka panchayats across the tribal belt.

Case against Chaitar Vasava

The present case dates back to October 30, 2023, when Chaitar allegedly summoned five forest department officials to his Dediapada house after they had directed villagers, including co-accused Ramesh Vasava of Jhadoli village, to clear encroachments on forest land.

According to the FIR lodged at Dediapada police station on November 2, 2023, Chaitar and his family verbally abused the officials, physically assaulted one of them, and demanded that the forest department pay compensation to the affected villagers.

Chaitar allegedly also fired a round in the air with a weapon that the prosecution said he had no licence to possess, leading to charges under the Arms Act alongside Indian Penal Code sections for rioting, extortion, and threatening a public servant in the discharge of duty.

The following day, Chaitar’s personal assistant, Jitendra, allegedly contacted the forest officials to reiterate the payment demand. One villager had already received money by the time the forest officials filed a complaint.

Chaitar, Shakuntala, then a Narmada district panchayat member, Jitendra, Ramesh Vasava and his wife from Jhadoli, and three residents of Bogaj village, including two women, along with two other villagers, were named in the FIR.

While Shakuntala, Jitendra, and Ramesh were arrested within days, Chaitar remained untraceable for several days following the incident. He surrendered on December 14 in the case and was granted bail after being nominated as the Bharuch Lok Sabha candidate in 2024.

On May 27 this year, the Gujarat High Court rejected Chaitar’s application to examine additional defence witnesses, dismissing it as “nothing but a last-ditch effort in delaying the trial.”

Justice D N Ray said the plea had concealed a chain of prior adverse rulings, including a sessions court rejection in April, a High Court dismissal in May, and a Supreme Court order turning down a Special Leave Petition on May 19.

The court held that his apprehension that his right to a fair trial would be compromised was “unfounded.”

MLA stands disqualified, Speaker to take call

Top sources in Gujarat Assembly said that under the provisions of Section 8(3) of The Representation of People Act, if an MLA is convicted and sentenced to not less than two years’ imprisonment, he stands disqualified from the date of the conviction. The MLA stands qualified as an MLA if and when the conviction gets stayed by a higher court. Sources added that Section 8(4) of the Act has also provision that the MLA will continue to be disqualified for a further period of six years following his release after serving the respective sentence. “In the case of Chaitar, since he has been convicted for seven years and there is no stay on his conviction, he stands disqualified as an MLA,” a top source said. The source added that the disqualification is expected to be formalised by the Speaker of Gujarat Assembly after the legal department of the state government puts it before the former.

Deputy Speaker of Gujarat Assembly Purnesh Modi said that there is a clear provision in The Representation of People Act under which when an MP or MLA is convicted and sentenced to imprisonment of more than two years then, he stands disqualified. “He (Chaitar Vasava) stands disqualified (as an MLA) from today,” Modi said. The AAP which had five MLAs in the house of 182, will be reduced to four.

‘BJP conspiracy’: Kejriwal comes out in support of MLA

AAP national convener Arvind Kejriwal came out in support of his party MLA, claiming charges against him were false, and hit out at the ruling BJP.

He alleged the case was part of a conspiracy hatched against Vasava by the ruling party due to his growing popularity and work among tribals in the state.

Kejriwal said in a video message that Chaitar’s popularity among the tribal community prompted his opponents to hatch a conspiracy against him over the past several months.

“A conspiracy was hatched against him, a false case was filed, and today he has been sentenced to seven years in jail,” the former Delhi Chief Minister said.

Kejriwal maintained the ruling party knew that as long as Vasava remained in the area, they would not be able to get their MLA elected from there.

“Therefore, they allegedly hatched a conspiracy to have him sentenced to seven years so that he could be removed from the position of MLA,” the AAP convener claimed.

Democracy does not function through pressure tactics and hooliganism, and the more they try to suppress Vasava, the bigger a leader he will emerge, Kejriwal said.

(With inputs from Parimal Dabhi in Ahmedabad and PTI)