Gauhati High Court okays bail, but stays judge's observations on Assam Police
STAFF REPORTER
GUWAHATI: The Gauhati High Court on Monday stayed certain observations made by the District & Sessions Judge of Barpeta recently regarding the Assam Police while he was disposing of the bail application of Gujarat MLA Jignesh Mevani.
The High Court accepted the submission made by the State Government for a stay order on the impugned observations of the District & Sessions Judge. The High Court, however, made it clear that the stay order does not cover the bail granted to Mevani, and stated that the State Government may challenge the bail order through separate proceedings if it desires.
Representing the State Government, Advocate General Devajit Saikia contended that certain remarks made by the District & Sessions Judge of Barpeta, while granting bail to Mevani, have cast aspersions on the Assam Police and are consequently having a demoralizing effect on the police force. Saikia further submitted that if these observations are not stayed by the High Court, then they will have a cascading effect on the morale of the Assam Police as well as the State of Assam.
The High Court observed that perusal of the relevant bail order "reveals that the learned Sessions Judge while dealing with an application under Section 439 CrPC had made certain observations to the effect that had no relevance to the consideration of the bail application... 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 above quoted observations until further orders."
The stay order covers an observation made by the District & Sessions Judge to the effect that "the case had been manufactured for the purpose of keeping the accused Sri Jignesh Mevani for a longer period, abusing the process of the court and the law."
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