The plea made by Bhim Army Chief, Chandra Shekhar Azad, seeking the modification of bail conditions, including those restraining him from entering Delhi until the elections are over is being heard by Additional Sessions Judge Kamini Lau.
ASJ Kamini Lau at Tis Hazari Courts begins hearing Bhim Army Chief Chandra Shekhar Azad's plea to modify his bail condition.
Prosecutor says IO is stuck in traffic. Matter to be taken up at 2.45 pm.
Hearing resumes.
Prosecutor places its report. Prosecutor states that One Satish Arora was found residing at the address provided by Chandra Shekhar Azad. He adds that even the neighbours denied seeing Chandra Shekhar Azad . The second floor is rented to another person, he further states.
Prosecutor says he has has sent an officer to Chief Election Commissioner of India's Officer for verification of official address.
It's available online: Judge
It's not a registered political party. It's a self created organization: Adv Mahmood Pracha
It's not what you have said in your application. You first said your house was in Saharanpur, now you have given this address: Judge
Prosecutor states that the Cashier of Ambedkar Bhavan has denied existence of any weekly meetings of Chandra Shekhar Azad's society, Bhima Army.
Judge: Who asked you to go to Ambedkar Bhavan?
Delhi address has not been verified and no meetings are happening at Ambedkar Bhavan: Prosecutor
Chandra Shekhar Azad need not seek permission from Delhi Police to visit Delhi for medical treatment. I only asked you to inform so that an escort may be provided: Judge
Owner of the property at the address given in the application is my client only and his statement has not been recorded by the Delhi Police: Advocate Pracha
You may file his statement on record: Judge
Chandra Shekhar Azad is like a brother to the owner of the property. He stays there whenever he visits Delhi: Pracha
So he stays there like a guest?: Judge
Thousands of people are ready to host him: Advocate Pracha
Even the Government is ready to host him: Judge
No politicians from India has fled. Only economic offenders flee. They (Politicians) are people who protest in their own right and they come to court also: Judge
He is the only person who has been stopped from protesting in Delhi. It is violation of parity... In their heart.. if i say that you will not believe.. it's because he is a scheduled caste: Advocate Pracha
I don't permit arguments which are tainted. Don't put words in their mouth. We don't go by inferences: Judge
He should be provided with 24*7 security: Advocate Pracha
I provided you security when you are in Delhi. But security has two sides. You can be spied on : Judge
I want to be spied on. I have nothing to hide. I am not doing or wanting to do anything wrong: Advocate Pracha
With the kind of electronics we have, your followers may still have access to your views. It's not like your physical presence is required to tell your views. There is social media: Judge
Point taken.. please keep a PSO with me. They are placing me in a different position. They may keep a civilian they trust or an observer: Advocate Pracha
You have not said so in your application: Judge
Where have I said you can't come to Delhi? You can come in case of medical treatment. : Judge
I want that he may be allowed otherwise also: Advocate Pracha
You must read the order in entirety: Judge
The Prosecutor may twist the order to seek cancellation of the bail. That's why i want to keep a PSO with me. I want protection against their mischief: Advocate Pracha
Judge asks Prosecutor if they want to press the Delhi Police's statement in the report seeking cancellation of Chandra Shekhar Azad's bail
Report has not come through the Prosecution. It has been given by the IO. I will leave the issue of his presence before Police to the Court: Prosecutor
Whenever i am in Delhi, I will mark my presence before the DCP, Delhi Police: Advocate Pracha
If you have to participate, you have to give your day to day schedule to the Police: Judge
Now he has given you an address in Delhi. He wants to participate in the Delhi Elections. What's the objection now?: Judge
He is not specifically doing something in Delhi. There is nothing special about Delhi. He has programs all over the country?: Advoate Pracha
Is there any material to not allow Chandra Shekhar Azad? Now you have brought in NSA also.. : Judge
One is presumed innocent until pronounced guilty. There are politicians who are accused of rape and are sitting in the Parliament. What is the cogent that you have against him ? What is it that you feel will create a public problem? : Judge
He may make hate speeches: Prosecutor
What the sections that you have invoked for hate speech? And what is hate speech? : Judge
When do you want to visit Delhi? : Judge
I will give schedule in an hour: Advocate Pracha
I don't find even one FIR where provisions against hate speech have been invoked: Judge
Now the ACP will tell me ? What are your apprehensions? On what material are you apprehending
ACP: At this moment, i don't have the material.
Judge: Don't make these allegations and submissions when there is no material.
Judge: So you are not pressing for cancellation of bail?
Prosecutor: I said that it has not been provided by me.
IO: He visited several places after being released when the court had allowed him to visit only three.
Judge: Were you present in Court? order does not say so.
Judge asks ACP : In the last one week, has he done something?
Advocate Pracha: Yes, I have read the Constitution and Preamble several times.
Courts decides to amend the bail conditions.
I don't want you to go to a place where a political rally is already happening. Elections are the biggest celebration of democracy: Judge
In order to celebrate democracy, elections have to be free and fair .. democracy can't be a farce.. elections have to be inclusive: Judge
Court begins dictating the Order.
Court notes that most of the offences in the FIR against Chandra Shekhar Azad are bailable and no cogent material is present for proving the non-bailable offences. Court records ACP's statement that no cogent material is available at this moment and investigation is ongoing.
Prosecutor adds that Section 153A has been added after investigation was transferred to Crime Branch.
Prima facie these statements are not specific: Judge
Delhi Court waives bail condition directing Chandra Shekhar Azad to not visit Delhi.
Court directs Azad to provide schedule of his visit to the DCP concerned whenever Azad visits Delhi for medical treatment or for the purpose of elections.
Court directs Chandra Shekhar Azad to mark his presence before DCP concerned every Saturday when in Delhi.
In case Azad is not in Delhi, he shall mark his presence before the DCP concerned through email.
Court also directs Chandra Shekhar Azad to stay at the address mentioned in the application whenever he visits Delhi.
