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MR AZAD GETS BAIL Inderjit Badhwar

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MR AZAD GETS BAIL Inderjit Badhwar Letter from the Editor MR AZAD GETS BAIL Inderjit Badhwar HENEVER an Indian judge or on bail by Additional Sessions Judge Kamini magistrate waves the Indian Lau made headline news not only because of Constitution in the face of an Azad’s high profile but also because of the app - errant official sworn to uphold its arent contrast between the stirring language precepts, proscriptions and pre - used by the learned judge in defence of liberty scriptions in word and deed but fails to do so, it and the right to dissent, and the restrictions she Wis an act of great majesty and patriotism in its imposed on Azad as a condition of his release. purest form. Indian courts have done so repeat - For starters, the judge completely trashed the edly even in the face of hidebound recalcitrance police’s claim that Azad had indulged in any by the executive branch. In the iconic destruction of property, violence or had incited Kesavananda Bharati and SR Bommai judg - violence. She ruled that the police could not ments, the Supreme Court cast in stone the invi - back up any evidence on which they based his olable sanctity of the basic structure of the na - arrest on December 21. In addition, she scolded RIGHT TO DISSENT tion’s founding document grounded in the rule the public prosecutor who was opposing Azad’s Bhim Army chief of law and liberties enshrined within specifically bail in open court. When the prosecutor read Chandrashekhar Azad at Tihar Jail articulated fundamental rights. out some of Azad’s social media posts which after his release The nation’s high courts have often taken the were used as grounds for his arrest, she noted Twitter The release of Bhim lead in endorsing these principles, especially in that these posts merely called for protests ag - worship…equality of status and of opportunity sureties of a like amount. The terms include: Army chief and matters of habeas corpus and prevention of ainst the citizenship law and the National Regis - and to promote amongst us all, fraternity, assur - l Banning Azad from entering Delhi for the next firebrand Dalit leader police excesses. In recent years, the Supreme ter of Citizens (NRC) near the Jama Masjid, and ing the dignity of the individual and the unity four weeks. “The applicant shall not misuse the Court has repeatedly asserted—as in the judg - there was nothing violent about them. and integrity of the nation. benefit of bail by indulging in commission of Chandrashekhar ments on the tussle between Delhi’s elected gov - “Where is the violence? What is wrong with “While on the one hand the applicant/acc - similar offence in future keeping in view the Azad on bail given by ernment and the centre’s appointed lieutenant any of these posts? Who says you cannot pro - used specifically reaffirms he read out the pre - pending assembly elections in Delhi…Whenever Additional Sessions governor, and the internet lockdown in Jammu test? Have you read the Constitution?” Judge amble, whereas on the other hand, the investi - the applicant/accused is required to come to Judge Kamini Lau and Kashmir—that the powers of the centre Lau asked the lawyer. “You are behaving as if gating agency claimed that he had made inflam - Delhi for his medical treatment [he suffers from cannot be arbitrarily exercised. Jama Masjid is Pakistan. Even if it was Pakistan, matory statements, details of which have not a rare blood disorder], he shall inform his sch - made headline news Even as the apex court is seized of matters you can go there and protest. Pakistan was a been placed on record, so much so there is no edule to the DCP (Crime) and SHO police sta - not only because of ari sing out of constitutional challenges to the part of undivided India.” statement of any eyewitness to affirm the same. tion Fatehpur, Saharanpur, U.P. [Azad’s home - Azad’s high profile legitimacy and validity of the Citizenship (Am - Here are direct quotes from her judgments: “Secondly, coming to the argument that no town] who shall convey the same to DCP but also because of endment) Act (CAA) in the midst of snowballing “(The petitioner) does not claim that he had any permission was taken by the applicant/accused (Crime), Delhi. During the period of his visit the nationwide protests, the lower courts have been permission to hold the protest and claims that while the call for protest was made. In this re - applicant/accused shall be under an escort.” the apparent quick to recognise and reassert the right of ordi - he had only read out the preamble to the consti - gard I may observe that in our democratic set up l The applicant/accused shall surrender his contrast between nary citizens to launch peaceful public street tution of India outside the Jama Masjid walled we have a Fundamental Right to peaceful ass - passport with the investigating officer. the stirring language demonstrations against government policies and city. In this regard I may observe that for judges, embly guaranteed by the constitution, which l That the applicant/accused shall mark his used by the learned initiatives and grant bail to protesters dragged legal persons and the officers under the consti - right cannot be curtailed by the state. However, presence before the SHO police station, Fateh - away by the police and charge sheeted under tution, the constitution of India is a sacred doc - our constitution strikes a fine balance between pur, Distt Saharanpur, UP, on every Saturday for judge in defence of various criminal provisions of the Indian Penal ument, and if this is correct the reading of this the rights and duties…Violence or destruction of next four weeks from the date of his release and liberty and the right Code (IPC). document cannot be taken as incitement…And property is totally unacceptable…” thereafter on last Saturday on every month till to dissent, and the The most celebrated case last week was that it is We the People of India who are the source further orders by the learned trial court. restrictions she of the firebrand Dalit leader Chandrashekhar of authority of the constitution. We have dec - ut even as Judge Lau found “no direct imposed on Azad Azad, leader of the Bhim Army. He was arrested lared our country to be a sovereign, socialist, evidence” to connect (the accused) with some weeks back by the Delhi police for partici - secular, democratic republic and to secure to Bdamage to public property, she imposed Twitter: @indialegalmedia as a condition of pating in an anti-CAA demonstration that began ourselves justice—social, economic and political; several restrictions on Azad even as she granted Website: www.indialegallive.com his release. at the capital’s grand Jama Masjid. His release liberty of thought, expression, belief, faith and him bail on a `25,000 personal bond with two Contact: [email protected] 4 January 27, 2020 | INDIA LEGAL | January 27, 2020 5.
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