Guwahati: The Gauhati High Court on Monday stayed some observations made by the Barpeta District and Sessions Court on the Assam Police while granting bail to Gujarat's Independent MLA Jignesh Mevani on Friday.
High Court Judge Devashis Baruah passed an order on Monday after the Assam government had challenged the Barpeta District and Sessions Court order, both the bail as well as the observations made by the judge about the Assam Police.
The High Court ordered that the state of Assam through its public prosecutor shall be at liberty to challenge the Barpeta District and Sessions Court order in an appropriate proceedings, if so advised.
"....District judge.... has made certain observations and remarks as regards the entire Police force of Assam, which not only demoralises the police force but also casts aspersions upon the police force. These observations were made without there being any materials on record, on the basis of which the learned Judge could have made such observations and consequently, this Court stays the... observations until further orders. These findings are also prima facie beyond the exercise of the jurisdiction of the Sessions Court in a proceeding under Section 439 Cr.P.C. and accordingly the said observation is also stayed," the High Court order said.
In Delhi, Mevani on Monday while talking to the media targeting Prime Minister Narendra Modi termed his arrest by Assam police as "conspiracy".
"I can describe this 56-inches of cowardice, using a woman to frame me in a false case... the Prime Minister's Office was involved in this conspiracy," he said.
He said that the Assam government should be "ashamed" as the Barpeta District and Sessions Court made strong remarks while granting him bail.
"On April 19, the FIR was registered. The Assam Police team travelled over 2,500 km on the same day to arrest me. It is clear that my arrest was a pre-planned conspiracy to malign and harass me," said Mevani, who is also the Convener of Rashtriya Dalit Adhikar Manch.
The District Sessions court in Assam's Barpeta on Friday granted bail to Mevani, who was first arrested by the Assam police on April 20 in Gujarat in connection with an "objectionable" tweet against Prime Minister Narendra Modi.
The 41-year-old legislator, who was elected from the Vadgam Assembly constituency, was taken to Kokrajhar district the next day.
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