Delhi's Tis Hazari Court on Wednesday granted conditional bail to Bhim Army chief Chandra Shekhar Azad, saying that he cannot visit Delhi for next four weeks and will have to mark his presence with Saharanpur Police in Uttar Pradesh every Saturday for the next 4 weeks.
Azad was sent to judicial custody on December 21 by a Delhi court. His outfit, Bhim Army, had organised a march from Jama Masjid to Jantar Mantar against the Citizenship Amendment Act, despite not having permission.
Ordering Azad to not stay in Delhi for next four weeks due to impending assembly elections, judge Kamini Lau said, "I want no interference in elections."
If Azad visits Delhi for treatment, he has to convey the same to the police, the judge said in her order.
The judge has, however, allowed him to stay in Delhi for the next 24 hours. This came on the request of lawyer Mahmood Paracha that Azad wanted to go to Jama Masjid to pay obeisance.
"DCP (Crime) will provide escort protection for him to go wherever yo pay obeisance. He can do so wherever in the next 24 hours, before he is escorted to Saharanpur," the order said.
After four weeks, he will be allowed to visit Delhi but will have to appear before the police every last Saturday of every month till the chargesheet in a case against him is filed.
"These are special circumstances, regarding Delhi elections, and I do not want any interference," the judge said.
When lawyer appearing for the Bhim Army chief expressed fear for his safety in UP, the judge said that false allegations must not influence the court's order.
On Wednesday, the court came down heavily on the Delhi Police over the arrest of Azad from outside Jama Masjid last month.
During the hearing of Azad's bail plea, Sessions Judge Kamini Lau asked the public prosecutor if Jama Masjid was in Pakistan that protests cannot be held there.
"What is wrong with dharna? What is wrong with protesting? It is one’s constitutional right to protest," she asked Additional Public Prosecutor, Pankaj Bhatia, who was representing the Delhi Police.
Slamming the Delhi Police, the court said that people can carry out peaceful protests anywhere. "Jama Masjid is not in Pakistan where we are not allowed to protest. Peaceful protests take place in Pakistan as well," it said.
Replying to prosecutor's argument that prior orders are needed to protest, the court said Judge Lau countered it and said that even the Supreme Court has said that repeated use of Section 144 is abuse of power.
