Jignesh Mevani was arrested on 20 April by Assam police over his offensive tweet against PM Modi.
Assam Advocate General Debojit Saikia on Monday said that the Investigating Officer of Barpeta Road Police Station will file a separate petition through the public prosecutor before the Gauhati High Court on Thursday against the bail granted to Gujarat MLA Jignesh Mevani.
Mr Saikia told ANI that the Assam government has already challenged the bail granted to Jignesh Mevani on Monday.
"Investigating Officer of Barpeta Road Police Station will file a separate petition before the Gauhati High Court on Thursday through the Public Prosecutor," he said.
Earlier on Monday, Gauhati High Court stayed observations made by the Barpeta district court against the Assam police in the bail order concerning Gujarat MLA Jignesh Mevani.
The court, however, refused to stay the bail granted to the Independent MLA.
While granting bail to Mr Mevani, the Barpeta district court had on Friday pulled up the state police for filing a "false FIR" against the MLA. The court had noted that the case against the MLA for alleged assault on a policewoman was "manufactured".
The district court had requested the Gauhati High Court to give directions to the Assam police to "reform itself" and to stop the state "from becoming a police state".
The Advocate General of Assam Debojit Saikia, representing the state of Assam and police, told the High Court that the district judge while exercising the jurisdiction under section 439 Cr.PC - which was primarily for the purpose of granting or refusing the bail - has made certain observations and remarks regarding the entire police force of Assam, "which not only demoralizes the police for also casts aspersion upon the police force".
Saikia urged the court to stay the observations "or else it would have a cascading effect on the morale of the Assam police as well as the state of Assam".
In its order, the Gauhati High Court said the observations by the lower court were made without any material on record.
"These observations were made without there being any materials on record on the basis of which a learned judge could have made such observations and consequently, this court stays the above quotes observations until further orders," the High Court said.
The order, passed by Justice Devashis Baruah, stated that the findings arrived by the Sessions Judge that the case has been manufactured for the purpose of keeping the accused Jignesh Mevani for a longer period abusing the process of court and law are "beyond the exercise of the jurisdiction of the sessions court in proceedings under section 439 CrPC".
"These findings are also prima facie beyond the exercise of the jurisdiction of the sessions court in proceedings under section 439 CrPC and, accordingly, the said observation is stayed," the court said.
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