No bail to 'Rustom' who got call from Army

AHMEDABAD: The Gujarat high court has denied bail to a decorated para special forces commando, Jigar Vyas, saying that the need for his services at the front in disturbed Jammu & Kashmir cannot be grounds to release a life convict.

A bench of Justice S R Brahmbhatt and Justice V B Mayani said Vyas could approach the government, to serve the forces in a special situation. "It is always open to the applicant (Vyas) to invoke executive powers and authority of the state, if so warranted," the court said.

Vyas has been serving a life term for killing his wife's lover in Bhavnagar. The incident occurred in 2015, when the commando returned home from service for a vacation and found his wife in a relationship with another man. He shot the man and injured his wife. He was punished with life imprisonment in 2016, based on his wife's testimony. The circumstances of the case resemble that of the 1960s case of Commander K M Nanavati, on whose story the film 'Rustom' was based.

In February, Vyas sought bail to serve the country, claiming that his services were sought by his unit because of heightened operations against terrorists in Jammu & Kashmir. He cited a letter he received in January from Capt Amit Rewat, adjutant to his commanding officer. The letter ordered Vyas to join his unit and it stated that six persons had lost their lives in the surgical strikes that took place between 2015 and 2017, and his services were thus required.

While refusing bail, the HC said, "... fact remains to be noted by this court that the applicant is a convict serving a sentence for the serious offence of murder and his appeal is pending. In view of this background, the letter (written by Vyas's para special force unit), in our view, would clearly not be treated as a change in circumstances, so as to exercise discretion in favour of the applicant."

On the letter asking Vyas to join the unit, the HC asked whether the unit was informed of Vyas's conviction in a murder case.

Earlier, two division benches had refused to hear Vyas's bail application. His advocates argued for bail by citing evidence in the case, but the HC said evidence cannot be evaluated at the stage of a bail plea hearing.