The Gauhati High Court on Monday, 2 May, stayed observations made by the Barpeta Court against Assam Police while granting bail to Gujarat MLA Jignesh Mevani in an alleged assault case last week.
The order was passed by High Court Judge Devashis Baruah, after the Assam government challenged the Barpeta District and Sessions Court order.
Meanwhile, later in the day, Assam Advocate General Debojit Saikia indicated that the Investigating Officer of Barpeta Road Police Station will file a separate plea challenging Mevani's bail before the Gauhati High Court on Thursday, 5 April, news agency ANI reported.
What The HC Said
While staying the observations, the HC ruled:
"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 CrPC and accordingly the said observation is also stayed."HC, as per IANS
Further, the court directed the state of Assam to pursue further proceedings through its public prosecutor if necessary.
The Sessions Court Observations
A court in Assam's Barpeta court had severely criticised the state police on 29 April, for trying to implicate Mevani in a "manufactured case" of assault on a woman constable.
Sessions court judge Justice Aparesh Chakraborty said, "Converting our hard-earned democracy into a police state is simply unthinkable... If the instant case is accepted to be true and in view of the statement of the woman recorded by the magistrate...which is not, then we will have to rewrite the criminal jurisprudence of the country," NDTV reported.
The court further added, "Contrary to the FIR (first information report), the woman has given a different story before the learned magistrate... In view of the testimony of the woman, the instant case is manufactured for the purpose of keeping the accused Jignesh Mevani in detention for a longer period, abusing of the process of the court and the law."
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