Gauhati HC stays remarks of Assam court that granted bail to Mevani

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.

The Barpeta police arrested him again on April 25 soon after the Chief Judicial Magistrate court in Kokrajhar district granted him bail.

Mevani was sent to a five-day police custody by Barpeta's chief judicial magistrate on April 26 on charges of "voluntarily causing hurt", "criminal force to deter public servant from discharge of duty" and "force on a woman cop intending to outrage her modesty".

The Congress has organised a series of demonstrations across Assam since the "undemocratic arrest" of Mevani, who had earlier pledged outside support to the party.

The Gujarat legislator was arrested in his home state on April 20 following a complaint filed against him by an Assam BJP leader seeking action against Mevani under the IT Act.

Mevani had earlier alleged that his arrest is a deep-rooted conspiracy by the BJP and RSS.

"They (BJP and RSS) are doing this to tarnish my image and are doing this systematically. They did it to Rohit Vemula, they did it to Chandrasekhar Azad, and now they are targeting me," he had told the media.