Interim Relief Granted to AAP MP Sanjay Singh in the protest Case of 2001
Last Updated on August 22, 2024 by Shianjany Pradhan
Background
On August 20th, the Sultanpur Court ordered the arrest and production of Sanjay Singh before the court on August 28th, which was passed after Singh had skipped the hearing.
Interim relief was given to the Aam Aadmi Party leader and the Rajya Sabha MP Sanjay Singh by the Allahabad HC, so the previous order of arrest was stayed.
Analysis
A bench of Justice Karunesh Singh Pawar had directed that he is not required to surrender before the trial court till 22nd August 2024 as his revised plea for the admission and bail application would be coming for hearing on Thursday.
It was passed when the counsel for Sanjay Singh submitted to the court that Singh, as an MP, also had to attend a meeting of the Joint Parliamentary Committee on Waqf (Bill), 2024, on 22nd August.
It was a situation where an exemption could be given from surrendering/appearing before the court concerned.
It was submitted by the opposite party that the revision petition would not be maintainable since Singh had not surrendered and sought bail.
However, the court refused this argument on the ground that Rule 18 is not a bar to the inherent powers of the HC. Exception of exemption to surrender in exceptional situations may exist.
It was also stressed that the criminal revision is maintainable before the HC, even if the applicant is not in confinement.
