Gauhati HC stays lower court’s observations against Assam police in Mevani bail order

Gauhati: The Gauhati High court on Monday stayed some observations made by the Barpeta district court while granting bail to Gujarat MLA Jignesh Mevani, observing that the observation can have a cascading effect on the morale of the Assam Police as well as on the state of Assam. The HC further clarified that the order should not be interpreted as a stay on grant of bail by the District Judge to the Congress MLA from Vadgam.

The Barpeta district and sessions bench headed by judge Aparesh Chakraborty court had granted Mevani bail on April 29 in the assault case, which he was booked for immediately after getting bail in the matter connected to his tweets about Prime Minister Narendra Modi. Chakraborty's court had severely criticized the role of the Assam police in the matter and observed that Mevani was arrested and punished on false charges. The verdict was challenged by the state government and was moved to the Gauhati High Court thereafter.

The bench of Gauhati HC headed by Justice Devashish Baruah, after hearing the Advocate General as well as the arguments from both sides on Monday, said that in the district court order, 'the learned district judge has made some observations and remarks regarding the entire police force of Assam, which not only demoralizes the police force but also casts aspersion upon them'. The court further clarified that the said judge has done so while exercising the jurisdiction under section 439 CrPC. which is primarily for the purpose of granting or refusing the bail.

"The testimony of the victim shows that the case has been manufactured for the purpose of keeping the accused Jignesh Mevani for a longer period abusing the process of the court and the law. 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," the High Court order passed on Monday said.

While granting bail to Jignesh Mevani, Justice Aparesh Chakrabarty of the Barpeta district court had observed that "To prevent registration of false FIRs like the present one, and to give credibility to the police version of occurrences, the Gauhati High court may perhaps consider directing the Assam police to reform itself by taking some measures like directing each and every police personnel engaged in law and order duty to wear body cameras, to install CCTV cameras in vehicles while arresting an accused, or taking an accused to someplace for the discovery of some articles....." The judge had also observed that the arresting or firing at the accused who are suspected of escaping while they are cooperating with the police, has become a routine phenomenon in the state.