A bench, comprising justices JS Khehar and RF Nariman, issued notice to the state government and fixed the appeal for hearing on January 5 along with his similar plea pending against another High Court order.
Senior advocate Kapil Sibal, appearing for Hardik, said that the charges have wrongly been invoked against him as there was no conspiracy to wage war against the government and at best, it is the case of use of 'intemperate language' which can be tried under some other penal provisions.

"There was nothing to show that I was challenging the state. The whole movement was for seeking reservation for Patidar community," he said, adding that "the language may be intemperate and he may be liable to some other offence but not for conspiring to wager war against the government.”
"Words are not enough, there has to be actions beyond words," he said. Attorney General Mukul Rohatgi, appearing for the state government, opposed the contention saying that judiciary, police, police stations and politicians were targeted across the state and it cannot be said that there was no criminal action.

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