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Gujarat High Court Cancels Illegal Release of TADA Convict, Orders Return to Jail

Shivam Yadav

Sorathiya Hareshbhai Rameshbhai vs. State of Gujarat & Others - Gujarat High Court cancels illegal 2018 release of TADA convict Aniruddhsinh Jadeja, orders him to return to jail within two weeks.

Gujarat High Court Cancels Illegal Release of TADA Convict, Orders Return to Jail

In a major ruling that emphasises the supremacy of law over influence, the Gujarat High Court has cancelled the premature release of TADA convict Aniruddhsinh Mahipatsinh Jadeja. The court has ordered him to surrender within two weeks, holding that his release in 2018 was "without authority and a nullity"

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Background of the Case

The case traces back to the Independence Day of 1988, when Popatbhai Sorathiya, then MLA from Gondal, was shot dead during a flag hoisting ceremony. Jadeja, who was apprehended at the spot, was later acquitted by a special TADA court due to witnesses turning hostile. However, in 1997, the Supreme Court convicted him under Section 302 of the IPC and under TADA provisions, sentencing him to life imprisonment along with three years’ rigorous imprisonment.

Despite the conviction, Jadeja evaded custody for almost three years before being arrested in 2000. Over the years, his prison conduct and alleged political influence kept him in the spotlight, with allegations that he attended political rallies despite being a TADA convict.

Read also:- Supreme Court Restores and Enhances Compensation in Bus Accident Case

In January 2018, Jadeja’s son applied for remission of his sentence. On the very same day, T.S. Bishth, then Additional Director General of Police (Prisons), issued a letter directing his release under a 2017 state remission circular. This “quick release” was challenged by Sorathiya’s grandson, Hareshbhai Sorathiya, who argued that the order bypassed legal procedures and was a misuse of power.

The High Court agreed, noting that the 2017 remission policy was a one-time scheme, valid only for that year, and could not be extended later. Importantly, the order was not issued in the name of the Governor, nor was the mandatory opinion of the Advisory Board or trial court sought.

Justice Hasmukh D. Suthar, delivering the verdict, observed: “Be you so high, law is above you. The liberty enjoyed by the convict since 2018 is a result of an arbitrary and illegal order.” The court stressed that remission cannot be claimed as a right and any such order must stand the test of law, fairness, and public safety.

Read also:- Orissa High Court Orders Appointment of Visually Impaired Teacher After Decade-Long Legal Battle

What Happens Next

The court has directed Jadeja to surrender before jail authorities by 18 September 2025. He must also hand over his passport and report weekly to the police station until then. At the same time, the state has been told to reconsider his case for remission strictly in line with Supreme Court guidelines.

This judgment not only restores the rule of law in a sensitive case involving political influence but also sends a strong message that illegal administrative shortcuts cannot override judicial sentences.

Case Title:- Sorathiya Hareshbhai Rameshbhai vs. State of Gujarat & Others

Case Number:- R/Special Criminal Application (Direction) No. 13245 of 2024

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