Stating that any immediate relief to the AAP leader Jitender Singh Tomar would further “complicate” the matter, a court here on Thursday refused to grant interim bail to the AAP leader. It also directed Delhi Police to conduct a thorough probe into the alleged fake degree case involving Tomar.
The court’s observation came while hearing the bail plea filed by Tomar, former Delhi law Minister, who was arrested on June 9 and was remanded in four-day police custody.
Directing the Deputy Commissioner of Police (DCP) to ensure that a thorough probe is conducted, Additional Sessions Judge (ASJ) Sanjeev Jain asked him about the progress of probe into the case.
“There are hundreds of records in a university regarding a student like admission register, fee slips, classroom records, class teacher records. You should ascertain every record and do a thorough probe by looking into all aspects,” the judge told the DCP asking him to place on record every detail of the case, which would surface during its probe to ensure a fair trial.
Requesting for deferment of the hearing on bail plea till the completion of police remand of Tomar, special public prosecutor Tarunvir Singh Kehar submitted that records pertaining to the matter were with the investigating officer (IO) who has taken Tomar to Uttar Pradesh and Bihar to ascertain the key facts from the educational institutions allegedly attended by the accused.
Senior advocate Ramesh Gupta, representing Tomar, argued that police is supposed to have a copy of case diary as per provisions of law and if any deferment of hearing was given, then interim bail should be granted to the accused till the pendency of regular bail plea.
The court accepted the contention of police and deferred the hearing on bail plea saying the matter requires objective consideration of records and interim bail would further “complicate” the matter.
“Order for interim bail will further complicate the matter and the same is neither appropriate nor desirable. Keeping in view the facts and circumstances of the case, this matter requires objective consideration after going through the records… It is in the interest of all the parties that the bail plea is decided after considering the records on expiry of the police remand. Put up the bail application for June 16 before the vacation court of competent jurisdiction,” the court said.
While granting Tomar the liberty to file a fresh plea, the court dismissed a separate revision plea filed by Tomar challenging his four-day police remand. During the hour-long hearing, Gupta alleged that 40-50 policemen had abducted Tomar from his residence and he was later placed under arrest.
“It was not a case of robbery, dacoity or any other heinous crime. They have violated procedures under law by not providing checklist and attempt was made to tarnish his image,” Gupta said.
The hearing in the matter witnessed heated exchange of words when special public prosecutor and some lawyers present in the court room told the judge that Gupta was also a member of the committee of BCD which is seized of the matter regarding Tomar’s educational certificates.
At the outset, Gupta objected to the remarks and said that most of the BCD members had earlier objected to issuance of notice to Tomar, to which, the judge intervened and said, “This is an open court but no one has the permission to speak anything without my permission. Only the parties and counsel can speak. You (lawyers) should maintain decorum of the court.”
In his plea moved before the sessions court on Wednesday challenging his arrest, Tomar had alleged that police arrested him in violation of the procedure prescribed under the law.
49-year-old Tomar was arrested by Delhi Police following an FIR registered on the basis of a complaint lodged by BCD for allegedly forging documents, including educational degrees, to enrol as an advocate. While seeking his custodial interrogation, police had earlier said that Tomar’s law degree was “fabricated”.
An FIR was registered against Tomar on June 8 at Hauz Khas police station and he was booked for alleged offences of cheating, forgery, using forged documents as genuine, forgery with intent to cheat and criminal conspiracy.
He was later taken to Faizabad by Delhi Police for gathering more evidence. Police later took him to Bihar.