[BREAKING] Jignesh Mevani bail: Gauhati High Court stays lower court's adverse remarks against Assam Police; bail to continue

Adverse remarks made by a District Judge against the Assam Police while granting bail to Congress leader Jignesh Mevani in an assault case, were stayed by the Gauhati High Court on Monday [State of Assam and Anr vs Jignesh Mevani and anr]. .Justice Devashish Baruah issued notice in the appeal filed by State of Assam and stayed the adverse remarks while maintaining that the order should not to be interpreted as a stay on grant of bail by the District Judge to the Congress leader.Vadgam MLA Mevani was initially arrested for an allegedly offensive Tweet against Prime Minister Narendra Modi. He had secured bail in that matter but was immediately arrested again on complaint by a police woman of outraging her modesty. On the remarks of the Barpeta Sessions Court, the High Court observed that the same were made without any material to back up the same. "These observations were made without there being any materials on record, on which the learned Judge could have made such observations and consequently, this Court stays the above quoted observations until further orders," the High Court said. The High Court order made it clear however that its observations in the present matter are not be meant to stay the bail granted to Mevani, for which the State is free to initiate separate proceedings. .The Assam State government, represented by Advocate-General Devajit Saikia, had moved the High Court after a Sessions Judge in granting bail to the Congress leader in a case of alleged assault, had made strong observations against the police, particularly on alleged fake encounters to kill accused persons. The judge had called the first information report in the assault case 'false' and attempt to give credibility to midnight arrest of persons. It had said that Assam was becoming a police State and asked the High Court to direct the police to take measures like wearing body cameras and installing CCTV during arrests.The AG submitted before the High Court that the remarks were issued while hearing Mevani's plea and was in no way related to bail. The remarks demoralise the Police force by casting aspersions and would have a "cascading effect" on the morale of the Assam Police, the AG added. The High Court concurred with the AG and proceeded to stay the observations on the ground that the same were made without any material on record. Further, the High Court said that lower court's finding that the case appeared to be manufactured to keep Mevani in custody for long was also beyond its jurisdiction in a bail matter. The order also allowed the removal of the name of the second respondent, the original complainant (a lady police personnel) from being impleaded in the plea.