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The Gauhati High Court on Monday, 2 May, stayed observations made by the Barpeta Court against Assam Police while granting bail to Gujarat MLA Jignesh Mevani in an alleged assault case last week.
The order was passed by High Court Judge Devashis Baruah, after the Assam government challenged the Barpeta District and Sessions Court order.
Meanwhile, later in the day, Assam Advocate General Debojit Saikia indicated that the Investigating Officer of Barpeta Road Police Station will file a separate plea challenging Mevani's bail before the Gauhati High Court on Thursday, 5 April, news agency ANI reported.
While staying the observations, the HC ruled:
Further, the court directed the state of Assam to pursue further proceedings through its public prosecutor if necessary.
A court in Assam's Barpeta court had severely criticised the state police on 29 April, for trying to implicate Mevani in a "manufactured case" of assault on a woman constable.
Sessions court judge Justice Aparesh Chakraborty said, "Converting our hard-earned democracy into a police state is simply unthinkable... If the instant case is accepted to be true and in view of the statement of the woman recorded by the magistrate...which is not, then we will have to rewrite the criminal jurisprudence of the country," NDTV reported.
The court further added, "Contrary to the FIR (first information report), the woman has given a different story before the learned magistrate... In view of the testimony of the woman, the instant case is manufactured for the purpose of keeping the accused Jignesh Mevani in detention for a longer period, abusing of the process of the court and the law."
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