Delhi HC stays order suspending bail of IYC President Uday Bhanu Chib

The Delhi High Court stayed a Sessions Court order which had suspended bail for IYC President Uday Bhanu Chib in the AI Summit Protest case. The court's decision clears the way for Chib to be released from judicial custody on bail.

High Court Intervenes, Stays Suspension of Bail

The Delhi High Court on Monday stayed the Sessions Court's order, which had suspended the bail granted to Uday Bhanu Chib, president of the Indian Youth Congress. The high court has also issued notice to the Delhi police on a petition moved for Uday Bhanu Chib, IYC President, challenging the order of stay on his bail. It has cleared the way for Uday Bhanu Chib to come out of judicial custody on bail granted to him.

Chib was granted bail by the Magistrate's court in the morning and was subsequently stayed by the court of sessions in the evening of February 28.

Arguments in High Court

Justice Saurabh Banerjee issued the notice to the Delhi Police and sought its response. Meanwhile, the order staying the bail has been stayed by the High Court. During the hearing before the High Court, senior advocate Siddharth Luthra, Advocates Virendra Vashist, Suleman Mohammad, and Roopesh Singh Bhadauria appeared for Uday Bhanu Chib.

Petitioner's Submissions

Senior advocate Siddharth Luthra submitted that a stay has been granted against bail without issuing a notice, without hearing the petitioner Uday Bhanu Chib. Justice Saurabh Banerjee began by questioning the urgency, noting that the police's application remains undecided and is pending a hearing on March 6. Senior advocate Siddharth Luthra stated that bail was granted to the petitioner on February 28, but Justice Banerjee asserted that it was granted incorrectly. In response, Senior advocate Siddharth Luthra said that the judgement of the Supreme Court in Parvinder Khanna Vs Enforcement Directorate cited by the police was wrongly read and wrongly misinterpreted, based on which the session court had stayed the bail granted to the petitioner. He said that, as per the High Court rule, the bail plea or appeal should be considered as urgent. He said that the magistrate had declined the police custody remand sought by the police and thereafter granted bail. In this case, the session court has no jurisdiction to stay the bail order, Senior Luthra said. "The session court did the injury to me (Chib)," he added.

Justice Saurabh Banerjee asked first tell me the power of a magistrate to give bail in this case. "Was a bail plea filed before the magistrate?" Justice Banerjee asked. Senior advocate Siddharth Luthra said that it was filed. Even an oral plea is sufficient as per the Delhi High Court judgement Justice Saurabh Banerjee asked the police, "If there was any application of mind in the stay order? If there is no application of mind, the order has to be stayed." Justice Banerjee noted that the Session court stated in the stay order that it is a rare and exceptional case. "What are the rare and exceptional situations?" asked Justice Banerjee. The court asked whether there was any police custody remand of the petitioner. Senior advocate Luthra said that there is no police custody remand.

Police's Opposition

Additional Solicitor General (ASG) DP Singh alongwith Standing counsel Sanjay Lau and Additional Public Prosecutor (APP) Raghavendra Verma, appeared for the Delhi police. They opposed that petition and submitted that no bail application was filed on behalf of Petitioner Chib. A bail order was passed without an application, and no time was granted to argue for bail. It was further argued that the session court has the power to stay the bail order if it is a faulty one. Justice Banerjee interjected and said that the magistrate has recorded in the order that a bail application was filed, and it was argued by the additional public prosecutor. After hearing the submissions, the High Court stayed the order of the Sessions Court.

Background of Lower Court Proceedings

On February 28, the Patiala house court on Saturday stayed the bail granted to IYC president Uday Bhanu Chib. Delhi police had challenged the bail granted to Chib by the Duty Magistrate. Additional Sessions Judge (ASJ) Amit Bansal had stayed the order of bail granted to Uday Bhanu Chib. The session court had listed the matter for hearing on March 6.

In the day, Patiala house court remanded Uday Bhanu Chib in judicial custody. He was granted bail this morning. The court directed that the documents, surety bond furnished for Uday Bhanu Chib. Judicial Magistrate First Class Vanshika Mehta sought a verification report by tomorrow and declined to release him until verification of the documents and bond. The court had remanded Uday Bhanu Chib in judicial custody. A Duty Magistrate had granted bail to Uday Bhanu Chib after a midnight hearing at her residence. Chib was produced before the judge around 12.30 AM after the expiry of 4 days of police custody. He has been arrested in the AI Summit Protest case.

Duty Magistrate Vanshika Mehta had granted bail to Uday Bhanu Chib on furnishing a bail bond of Rs. 50000, including other conditions. The police had sought an extension of the custody remand of Chib for 7 days. However, the court refused to extend the custody.

Lawyers' Statements

Advocate Mohammed Sulaiman and Advocate Rupesh Singh Bhadauria, Chitwan Godara, appeared for Uday Bhanu Chib. Advocate Sulaiman Mohammad Khan told ANI, "Delhi Police Crime Branch had moved an application for extension of PC remand of National President of Youth Congress Uday Bhanu Chib. They have sought a seven-day extension of the PC remand, and also moved two applications for remand of one of the accused for five days and the other for two days." Counsel for the accused had also moved an application praying for the grant of bail to the National President, Uday Bhanu Chib. After hearing the counsel for the accused and the Delhi police Duty Magistrate granted bail to Uday Bhanu Chib, and has explained in the bail order we have just read that the Police Crime Branch has not been able to explain the reasons for seeking extension of Police custody remand to Uday Bhanu Chib. "Certain conditions have been imposed that he has to surrender his passport and electronic gadgets before the Court, and he has to produce one surety of Rs 50,000 before the Court," Advocate Sulaiman Mohammad said.

Advocate Roopesh Singh Bhadauria told ANI that "this was not a fresh arrest of Uday Bhanu Chib. He had already been in the Police custody for four days. We received a message at 12 midnight stating that he would be produced before the Duty Magistrate around 6 am." "Thankfully, we at least received a message for him, because we didn't even receive a message about the others. Then, at 12:30, we received a call saying he would be produced at 1 am. We arrived in a panic. His hearing began at 1:30 AM," Advocate Rupesh Singh Bhadauria said.

Initial Arrest and Remand Details

On February 24, while granting 4 days' police custody of Uday Bhanu Chib, Patiala House Court recorded that the case diary of the Delhi police shows that Chib was not physically present at the spot. He allegedly directed the protest and was in contact with other Accused persons during the execution of the protest. Judicial Magistrate First Class (JMFC) Ravi had also noted that prima facie, the arrest memo and ground of arrest indicate that the Delhi police attributed a role to Chib, that he was operating behind the scenes.

The court in the remand order also said that merely saying the sovereignty was compromised does not justify the prolonged custody. The court also said that 7 days' custody is far long. 4 days of custody are sufficient. "The investigating agency will have to rationalise the requirement for custody,' the court said in the order. Delhi police arrested Uday Bhanu Chib on February 24 morning. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)