In a relief to Bhim Army chief Chandra Shekhar Azad, a Delhi Court on Tuesday modified the conditions in the January 15 bail order to allow him to visit Delhi whenever for election purposes.
The Court has however told Azad that he should inform the DCP(Crime) about his visit and day schedule. Whenever in Delhi, he should stay in the address mentioned in the application.
Additional Sessions Judge Dr Kamini Lau of Tis Hazari courts allowed Azad's application for modification after noting that the prosecution could not show any material that his presence in the national capital would cause violence. The plea, filed by advocates Mehmood Pracha and O P Bharti, said Azad was not a criminal and claimed imposing such conditions were wrong and undemocratic. The application stated that Azad has a local residence at Delhi.
Being a social worker, the condition that he should not visit Delhi for four weeks except for treatment, affects his fundamental rights, stated the application.
"In democracy when election is the biggest celebration, which should have maximum participation, it is fair that he should be allowed to participate", the judge said in the order.
The modified conditions are as follows :
- If he happens to be Delhi on a Saturday, attendance can be marked before Delhi DCP.(original order had condition for marking attendance before Saharanpur SHO on every Saturday).
- He has to inform DCP telephonically or by email if he is somewhere else other than Delhi or Saharanpur.
- Whenever in Delhi, he should inform his schedule to DCP Crime.
- Whenever in Delhi, he should reside at the address given.
The judge discarded the prosecution's submission that Azad had indulged in hate speech. The judge highlighted that no offence relating to hate speech was mentioned in the FIR registered against him. Also, most of the offences in the FIR were bailable and there was no material showing his prima facie involvement in the non-bailable offences alleged, said the judge.
The judge recorded in the order that there was no material to suggest that he had indulged in anything that is against law and order, public order or national security.
PP again talks of apprehension.— Live Law (@LiveLawIndia) January 21, 2020
Judge Lau says what may he do? What is the apprehension?
Tell me based on past conduct.
PP- he may repeat the same offence
Judge Lau- What offence? Tell me. He'll read the preamble??@BhimArmyChief
While granting bail on January 15, the Court had asked Azad to remain in his native place in Saharanpur, UP for four weeks. This condition was imposed by the Court by saying that his given address was in Saharanpur. The Court had also observed that the condition was needed in view of the impending assembly elections in Delhi.
At the same time, the Court had orally remarked that he will be at liberty to seek modifications of conditions by furnishing a Delhi address with verification.
Judge Kamini Lau granted bail to Azad on January 15 after 25 days of custody observing that the prosecution has not produced any material to prima facie show his involvement in violence.
He was arrested on allegations that he had incited violence during an anti-CAA protest at Daryaganj on December 20.
On January 9, the Court had granted bail to 15 other persons who were arrested in the same case.