"Need to ensure maximum participation in elections": Delhi Court modifies bail order directing Chandra Shekhar Azad to stay in Saharanpur

The Court of Additional Sessions Judge Kamini Lau at the Tis Hazari Court Complex today waived off the bail condition directing Bhim Army Chief Chandra Shekhar Azad to not visit Delhi and stay at his residence at Saharanpur, Uttar Pradesh..Clarifying that Azad could was free to visit Delhi for medical treatment or for the purpose of elections, the Court directed Azad to provide the schedule of his visit to the DCP concerned whenever he intended to visit the city. .While modifying the bail conditions, Judge Lau remarked,."...in a democracy where elections is the biggest celebration, there is need to ensure maximum participation...when there are conditions which come in the way, they are required to be modified."ADJ Kamini Lau.As per the order, Azad shall mark his presence before the DCP concerned every Saturday, whenever he is in Delhi. In case he is not in Delhi, he shall mark his presence through email..The Court also added that Azad shall stay at the address provided by him in the application for modification of the bail conditions whenever he visited the city..In the order modifying the bail condition, the Court today recorded that in the FIR pursuant to which Azad was arretsed by the Dehi Police in December last year, most of the offences were bailable in nature. It added that as far as the non-bailable offences were concerned, no cogent material was placed on record by the Investigating Authority. .During the hearing today, Judge Lau also took critical note that the police authorities had not presented any material to justify keeping Azad out of Delhi. ."Is there any material to not allow Chandra Shekhar Azad?", Judge Lau queried. .She proceeded to orally observe, ."One is presumed innocent until pronounced guilty. There are politicians who are accused of rape and are sitting in the Parliament. What is the cogent material that you have against him (Azad)? What is it that you feel will create a public problem, law & order problem?"ADJ Kamini Lau.The Prosecutor present then responded that there was an apprehension that Azad may make hate speeches. This prompted Judge Lau to remark, ."What the sections that you have invoked for hate speech? And what is hate speech?...I don't find even one FIR where provisions against hate speech have been invoked."ADJ Kamini Lau.Subsequently, the Court was informed that Section153A IPC has been added to the Daryaganj FIR after the case was transferred to the Crime Branch..The Court also raised eyebrows over Investigating Officer's plea seeking cancellation of Azad's bail. The IO sought the cancellation on the ground that Azad had visited "several places after being released when the court had allowed him to visit only three".."Were you present in Court? order does not say so", observed Judge Lau. .The Court ultimately queried if in the last week following his release on bail, Azad had "done something." To this, Azad's counsel responded, "Yes, I have read the Constitution and Preamble several times.".The Court thereafter proceeded to inform that the bail conditions imposed on Azad would be modified. .Azad had moved the Court last week for modification of the bail condition directing him to stay out of Delhi for the next four weeks..While granting bail to Azad, Judge Kamini Lau had directed Azad to stay at his permanent residence in Saharanpur, Uttar Pradesh and mark his presence before the SHO concerned every Saturday..Seeking to waive off this restriction , Azad had informed the Court about the existence of his society, which functions from New Delhi and works towards creating social and political awareness among the inhabitants of the city..In his application filed through Advocates OP Bharti, MS Arya and Mahmood Pracha, Azad had stated that he was a social worker and founder of 'Bhim Army Bharat Ekta Mission'..It was further informed that the Bhim Army Society had its office at Aliganj, New Delhi and also held a routine weekly meeting at Ambedkar Bhavan..Azad had thus claimed that the Court's direction to not stay in Delhi would obstruct his right to attend the meeting of his society and hurt his "natural feelings and sentiments"..Read the Order: