Jailed, convicted, but still an MLA: Gujarat High Court grants AAP’s Chaitar Vasava seven days’ bail

Whether a convicted MLA who has not been disqualified can claim a right to attend the legislature while serving a prison sentence came into focus before the Gujarat High Court (HC) on Monday as Aam Aadmi Party (AAP) leader and Dediapada MLA Chaitar Vasava sought temporary bail in view of the coming Assembly session.

In an interim order, the HC said the plea “deserves consideration”, noting that Vasava was “a sitting MLA and is invited to attend the Assembly Session of the Legislative Assembly” and that he had been “in judicial custody since June 2026”.

The court relied on these circumstances while exercising its discretion to grant temporary bail. The court ordered that Vasava be released on temporary bail for “a period of seven days from the date of his actual release” upon executing a personal bond of Rs 15,000 before the jail authority.

During the period, the order said, he “shall not leave Gandhinagar city… shall not address any public gathering and … shall not appear before the media”. Vasava, who has been lodged in the Vadodara Central Jail since June 23 after a Narmada court sentenced him, his wife Shakuntala Vasava and seven others to seven years' imprisonment in a case involving an attack on forest department employees, had sought 15 days temporary bail to attend the session and look into important tasks from his constituency.

While seven accused have been granted bail and their sentences suspended – including Shakuntala – Vasava and his personal assistant, Jitendra, continue to be behind bars after the court, last month, rejected their pleas seeking suspension of sentence.

Vasava's lawyers Senior Advocate I H Syed and Advocate Isa Hakim appeared on his behalf. Syed submitted that Vasava had not been disqualified and is still an MLA. “The state itself has sent him an invitation to attend the Assembly,” the counsel submitted, arguing that his legislative responsibilities could not be performed entirely from jail.

Urging for additional days after the assembly session Syed informed the court that many other things “like funds and grants” need to be looked into as he is the “representative of the people”. Justice Vyas noted that Vasava was convicted on June 23 and had remained in custody since then.

“He is not disqualified,” the court observed, adding that the application was for temporary bail for the limited purpose of attending the Assembly. The state opposed a longer release period, arguing that the session itself lasted only three days.

It also relied on legal precedent to contend that the absence of disqualification did not automatically give an imprisoned legislator an unrestricted right to participate in legislative business. Public Prosecutor Hardik Dave opposed the bail plea stating that as a convicted person, Vasava must “forfeit” the right to attend the Assembly session.

The court declined to order a police escort, observing that Vasava was an MLA and there was no apparent reason to apprehend that he would abscond. Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field.

She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.

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