Chandigarh- Protecting the constitutional rights whereas extending the interim bail to Times Now journalist Bhawana Gupta (Kishore) in a case of an alleged rash driving and insulting a Dalit lady in Ludhiana, the Punjab and Haryana High Court has noticed that judicial officers proceeded to go orders in a mechanical method.
Granting bail to the journalist and two others until May 22, the following date of listening to, Justice Augustine George Masih on Tuesday stated, “It appears that at no stage, the provisions of the statute were actually gone into or seen. In a mechanical manner, initially the arresting officer and thereafter the judicial officers proceeded to pass orders of arrest and remand.”
“Continuance of a citizen in custody with out there being a mandate of legislation i.e. unlawful custody can’t be permitted. A court docket and that too, a constitutional court docket, when involves know of the identical, can’t shut its eyes to the identical.
“Would it be appropriate to a citizen to continue in incarceration when it is not only apparent from the allegations but an undisputed position that petitioners Mritunjay Kumar and Parmender Singh Rawat have not committed the alleged offences which are non-bailable?”
Justice Masih stated the allegations within the first info report (FIR) don’t make out an offence in opposition to Kumar and Rawat which might be non-bailable qua them.
“Under those circumstances, firstly, the officer, who had taken these two petitioners in custody, could not have done so without making them aware of the fact that they could avail of the remedy of release on submission of bail bonds or surety. The same would be the position as regards the order of remand at the hands of the Duty Magistrate as also the Special Court.”
Senior advocates R.S. Rai and Chetan Mittal appeared earlier than the Bench on behalf of the petitioners.
Justice Masih stated: “This court grants interim bail to the two petitioners. Mritunjay Kumar and Parmender Singh Rawat are ordered to be released on interim bail to the satisfaction of the Judicial Magistrate/Duty Magistrate, Ludhiana.”
The Bench additionally granted the respondent-state 10 days, as prayed for, to file a reply to the petition for quashing of the FIR.
Earlier, Justice Masih, whereas listening to the petition, went by the FIR and noticed that offences below the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act weren’t made out.
Gupta together with video journalist Kumar and their driver Rawat had been arrested on May 5 when their automotive allegedly hit a lady in Ludhiana, the place they’d gone to cowl an occasion to be attended by Delhi Chief Minister Arvind Kejriwal together with Punjab Chief Minister Bhagwant Mann.
Extending assist to the journalist, the Chandigarh Press Club has condemned the arrest whereas she was on knowledgeable obligation.
Also Punjab Governor Banwari Lal Purohit took up the problem of her arrest with Chief Minister Mann and stated such incidents “do not give a good message about the state.”