Guwahati, May 2: The Gauhati High Court has kept in abeyance until further orders the observations and remarks made by a local court in Barpeta district against Assam Police in Gujarat MLA Jignesh Mevani’s bail order.
The court of the district and sessions judge, Barpeta had granted bail to Mevani on Friday with the judge pulling up the state police for filing a “false FIR” against the MLA in a “manufactured” case of molesting a policewoman while urging the Gauhati High Court to “stop police from turning Assam into a police state”.
The Assam government on Monday moved the High Court challenging the Barpeta court’s observations and opinions in the bail order.
Speaking to mediapersons, Advocate General, Assam, Devajit Saikia said “that remarks of the district judge was put forth by the Assam government before the Gauhati High Court on Monday and the High Court, after hearing our statements, prima facie expressed satisfaction, and stayed the observations and remarks made by the district judge of the Barpeta court in the bail order until further orders.
“The High Court has kept in abeyance the observations/remarks/opinions on the merit of the case until further orders as it noted that the judge has made the remarks in the MLA’s bail order by going beyond his jurisdiction and principles of criminal jurisprudence laid down in the courts of law. The High Court stated that the district judge has crossed his limits and acted on his personal whims and fancies,” Saikia said.
“In regard to the ‘manufactured case’ remark by the district judge, the High Court has clearly stated that there was no abuse of the process of law or court,” he said.
“The High Court has also issued a notice to Jignesh Mevani and fixed May 27 as the date of hearing in the case,” Saikia said.
Earlier, in his judgment, citing cases of false FIRs and other police action, the judge of the Barpeta court said a copy of the order would be sent to Gauhati HC for the Chief Justice to look and see whether it can be taken up as a PIL to curb police excesses in the state.
The Gujarat MLA was arrested by Assam Police on April 20 from Palanpur in a case related to an “objectionable” tweet against Prime Minister Narendra Modi.
After spending three days in police custody and one day in judicial custody, he was granted bail on April 25. He was subsequently rearrested by Barpeta police and charged with assaulting a woman officer.
Mevani had even alleged that his arrest by the Assam police was a pre-planned conspiracy “designed” by the Prime Minister’s Office to “destroy” him ahead of the Assembly elections in Gujarat.
