"Prima facie, it could be said that the words spoken or the statement alleged to have been made by the applicant in the presence of the media...Would amount to exhortation to the public," Justice J B Pardiwala said.
"...More particularly (it would amount to an exhortation to) the members of Patel community to resort to violence or create public disorder with a view to subverting the government by law established in the state of Gujarat," the HC said refusing to entertain a plea seeking quashing of the FIR.
Hardik's father Bharat Patel had filed a petition seeking to quash the FIR filed against his son.
"The demand for reservation for the members of the Patel community by itself is not an offence. It is open to the members of the Patel community to seek reservation, if available in law or if the state government, by way of a policy decision, deems fit to provide," said the HC.
"What is not permissible...Is any act which has the effect of bringing or which attempts to bring into hatredness or contempt or excites or attempts to excite disaffection towards the government established by law," the HC held.