PANAJI
The Crime Branch (CB) faced a setback as the Bombay High Court at Goa on Wednesday set aside the Additional Sessions Court’s order cancelling the bail granted to Aam Aadmi Party (AAP) state unit President Amit Palekar in connection with the Banastarim fatal accident case.
The lower court’s verdict came in reply to CB’s application seeking his custody over alleged violations of bail conditions, granted by the earlier court.
Palekar, who had been absconding after the cancellation order, subsequently held a press conference where he slammed the authorities stating that he was not foolish to breach bail conditions.
“I had full faith in the judiciary. I did nothing wrong. I am a lawyer by profession and fully aware of the law. I would never make such a foolish mistake as to violate bail conditions,” Palekar stated.
The High Court, in its order, held that the order of the Additional Sessions Court (sitting in Ponda) was an individual order that was unwarranted. The Bench observed that the inference drawn by the lower court regarding the earlier bail was unnecessary and set it aside.
During the hearing, Advocate Nitin Sardesai, representing Palekar, argued that the lower court’s order was “obnoxious” and should never have been passed. He pointed out that the previous order permitted Palekar to leave the country but then erroneously inferred by the Additional Sessions Court that the permission was limited to travel only to France.
“The order should speak for itself. It is not the job of anybody to add to or subtract from it. It inferred certain things in the order and said that permission granted was to only travel to France and nowhere else,” Sardesai submitted.
He further argued that even if there was a violation of bail conditions, it did not warrant the cancellation of Palekar’s bail and his re-arrest.
“The law states that if there is a violation, it must be determined whether it affects the administration of justice or hampers the investigation. That was not the prosecution’s case at all. I have maintained from the beginning that this is purely political vendetta,” he added.
Speaking to the media after the High Court order, Sardesai confirmed that it allows Palekar to travel abroad without requiring further permission from the court.
“The High Court has put its seal on it. If he (Palekar) wants to go abroad, he need not go back to the court for permission,” he said.
The CB had launched a search for Palekar after the last week’s order for his re-arrest.
