Farmers' protest: Delhi court grants bail to journalist Mandeep Punia
New Delhi, Feb 2: A Delhi court Tuesday granted bail to freelance journalist Mandeep Punia who was arrested by Delhi Police from farmers' protest site at Singhu border.
The complainant, victims and witnesses were police personnel only, "hence, there is no possibility that accused/ applicant can able to influence any of the police officials , Chief Metropolitan Magistrate Satvir Singh Lamba said while granting the bail.
Punia was arrested by police on Sunday in an FIR registered under various sections including 186 (Obstructing public servant in discharge of public functions), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 332 (Voluntarily causing hurt to deter public servant from his duty) of IPC.
The judge also noted in the order that the alleged scuffle incident of case was of around 6.30 PM, however, the present FIR was registered at around 1.21 AM on the next day.
He further said, Admittedly, the accused is a freelance journalist. Moreso, no recovery is to be effected from the accused person and keeping the accused further in Judicial Custody would not serve any cogent purpose.
He said it was well settled legal principle of law that bail is a rule and jail is an exception .
Hence, considering the totality of facts and circumstances of the present case, submissions on behalf of both the parties as well as keeping in view the period of detention of the accused in judicial custody, he is admitted to bail on furnishing bail bond in a sum of Rs 25,000 along with one sound surety in the like amount, the judge said.
The court also imposed various conditions on the accused, including that he will not leave the country without its prior permission.
Accused shall not indulge into similar offence or any other offence in the event of release on bail. Accused shall not tamper with the evidences in any manner, it said.
It further directed that the accused shall join the investigations as and when required by the investigating agency.
Punia has told the court that he was innocent and was falsely implicated in the case.
The offences as alleged in the present FIR are not made out against the accused. The accused is a freelance journalist and was carrying out his duties along with another journalists at the protest site of Singhu Border, Delhi, his lawyer had told the court on Monday.
It was further contended that another journalist was also apprehended by the police, but was released in the mid night.
However, the accused was not released as he was not carrying any press ID card. Accused is a freelance journalist and used to write the articles and is a frequent contributor to the Caravan magazine, the counsel said.
He further said that accused had roots in the society and that he will co-operate in the investigation, as per law.
Delhi police had opposed the bail application on the ground that the allegations against Punia were grave and serious in nature .
It said that the accused may again indulge in instigating the protestors and may create nuisance at the protest site with the group of different people and may hamper the investigation.
Punia was sent to 14-day judicial custody on Sunday.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
