Jignesh Mevani's bail is challenged by Assam in the High Court, and he faces a court rap for it.

 The local court in Barpeta granted bail to Mevani on Friday, citing "ongoing police excesses in the state" and urging the Gauhati High Court to order the police force to "reform itself."


On Monday, the Gauhati High Court stayed some of the observations made by the Barpeta District and Sessions Court while granting bail to Gujarat MLA Jignesh Mevani. According to the high court, the expunged remarks were made "without any materials on record."


The Assam government had challenged the District and Sessions Court order, both the bail and the judge's observations about the Assam Police.

The local court in Barpeta granted bail to Mevani on Friday, citing "ongoing police excesses in the state" and urging the Gauhati High Court to order the police force to "reform itself." "It is simply unthinkable to convert our hard-won democracy into a police state, and if the Assam Police is thinking about it, the same is true."

"We decided to challenge the order because certain observations and remarks in the order had a very demoralising effect on the functioning of the Assam Police."

In court, Saikia claimed that the judge's remarks "not only demoralise the police force but also cast aspersions on it." He claimed it would have a "cascading effect" on the "morale" of the Assam Police and the state of Assam.

In his order, High Court Justice Devashis Baruah stated that certain observations (about the Assam Police) "had no relevance to the consideration of the bail application." "These observations were made in the absence of any materials on record upon which the learned judge could have made such observations, and as a result, this court stays the above-mentioned observations until further orders," he wrote in his order.

Among the quoted observations was Chakravarty's request to the High Court to

"These findings are also prima facie beyond the exercise of Sessions Court jurisdiction in a proceeding under Section 439, CrPC, and thus the said observation is also stayed," the High Court said.


The court did, however, clarify that the order should not be "misconstrued" as a stay of execution granted to Mevani, and that the state of Assam was free to challenge the order through its public prosecutor.

Mevani, an Independent MLA who pledged support to the Congress last September, was apprehended by Assam Police in Gujarat's Banaskantha district late on April 20 and flown to Guwahati the next morning following a complaint filed by a BJP leader in Kokrajhar district over an alleged tweet against Prime Minister Narendra Modi.

Mevani was granted bail by a Kokrajhar court on April 25, but was re-arrested in a new case filed in Barpeta district on the basis of a complaint filed by a female police officer who accused him of "assaulting" her and "outraging her modesty." In the latter case, the Barpeta court granted him bail.

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