A Delhi court modified the conditions in the January 16 dated bail order allowing Bhim Army Chandrashekhar Azad to enter the national capital for medical and election purposes by informing the police about his schedule prior to his visit.
Chandrashekhar Azad was arrested under charges of allegedly inciting violence during the anti-Citizenship Amendment Act (CAA) at Jama Masjid. He had been in custody for 25 days and had initially even been denied proper medical attention, following which he filed for a bail application.
Though the court had rebuked the police and established that the police couldn’t collect any substantial evidence against Azad, it had placed a one-month ban on Azad and restricted him from entering Delhi and asked him to appear before a police station in his native of Saharanpur in Uttar Pradesh every Saturday for a month.
However, at the time of granting bail, the court had remarked that Azad could always use his liberty to seek modification of bail conditions imposed on him by furnishing a Delhi address.
He then contended the order and filed an application on January 18 saying that he wasn’t a criminal and imposing such restrictions on him was undemocratic. The application further stated that since Azad has a local residence in Delhi and being an activist, such restrictions imposed on him, affects his fundamental rights, reported India Legal.
“Chandrashekhar Azad is a leader of the oppressed and depressed sections of society, including minorities and was working for their social and political awareness,” the plea said, adding that he holds weekly meetings of the society ‘Bhim Army Ekta Mission’, of which he is the founder, at his local address in Delhi,” says the plea filed by advocates Mehmood Pracha and O P Bharti.
The application further said that Azad travels throughout the country for the cause he’s working for, hence it would be difficult for him to personally appear before the SHO to report his presence.
The Additional Sessions judge Kamini Lau has asked the Delhi police to verify from the Election Commission of India whether the address he has provided is of an office or a political party and submit a report by January 21st.
Live Law reported that the judge’s order said, “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 has also asked him to reside at the address provided by Azad whenever he is in Delhi, mark his attendance before the Delhi DCP if he happens to be in the capital on Saturday and inform the DCP telephonically about his location if he isn’t in Delhi or Saharanpur.
The judge also discared the prosecution’s submission against him in charges of hate speech as there was no mention of the same in the FIR. The court also recorded in its order that there was no material to suggest that he had indulged in anything that was against law and order, public order or national security.
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