HC releases UP Cong chief on bail, expresses scepticism over party’s offer of buses

The Lucknow bench of the high court said it is disturbing that the state government and the party were at loggerheads over the issue. Lallu was arrested on May 20 for allegedly furnishing fake documents related to the 1,000 buses that the Congress offered to the government to ferry stranded workers back to Uttar Pradesh.

The Allahabad High Court on Tuesday granted bail to UP Congress chief Ajay Kumar Lallu while questioning his party’s offer to provide buses for migrant workers, the issue which had triggered a faceoff with the state government and led to his arrest. The Lucknow bench of the high court said it is disturbing that the state government and the party were at loggerheads over the issue.

Lallu was arrested on May 20 for allegedly furnishing fake documents related to the 1,000 buses that the Congress offered to the government to ferry stranded workers back to Uttar Pradesh. As both sides accused each other of playing politics, the Uttar Pradesh government rejected the offer saying that the list of buses included many vehicles without valid fitness and insurance documents.

It said the list submitted by the Congress even included vehicles like autorickshaws and two-wheelers, instead of buses. In his order, Justice A R Masoodi said, “The trial court on the strength of reasons assigned seems to have erred in rejecting the prayer for bail.” But the judge questioned the Congress offer to provide buses to the state government to transport migrant workers stranded in other states due to the coronavirus lockdown.

“It is true that the prime minister of India and the respective chief ministers while pursuing their executive responsibility to control the outbreak of pandemic COVID-19 solicited monetary support from public. But there was no appeal for any other service in the nature of transport services, etc," the HC said. “Thus, there was no occasion for any voluntary organisation or a political organisation to have offered transport services or any other service not solicited by the prime minister or chief minister of the state,” it added.

The court also said,"It is disturbing that the government and a political party having some representation in the state of Uttar Pradesh are at loggerheads on an issue which has no legal sanctity.” The HC said the courts of law must not make any estimation of political gain or loss but the government and the opposition have a duty to deliver solutions to public grievances rather than create conflicts. The judge directed Lallu’s release on furnishing a personal bond and two sureties to the satisfaction of the court. He asked Lallu to remain present before the trial court during its proceedings.

The Uttar Pradesh Congress chief was arrested twice over the bus row between the Congress and the state’s BJP government. The first arrest was in Agra for sitting on a dharna during the lockdown to protest against the Yogi Adityanath government’s refusal to grant permission to enter the state for the buses arranged by the Congress.

He was granted bail by an Agra court and released, but was arrested again in connection with another case filed in Lucknow, alleging the submission of fake documents for the buses. He moved the HC after the MP-MLA court turned down his bail plea on June 1.

Supreme Court lawyer and Congress leaders Abhishek Manu Singhvi, assisted by Satyendra Singh, had argued for Lallu’s bail. Additional Government Advocate Anurag Verma opposed the bail plea, arguing that the investigation was at a nascent stage.

Apart from the nature of the accusation, the court also considered the coronavirus threat and cited the judiciary’s concern for freedom of life..