Ajay Kumar Lallu

His bail hearing having been deferred twice, Uttar Pradesh Congress president Ajay Kumar Lallu has been in jail for more than 10 days.

Lallu was arrested on May 20 following allegations of providing fake documents for buses to bring back migrant labourers to UP during the lockdown. State Congress leaders now say they cannot appeal for his release in higher courts until his bail plea is rejected by the special court in Lucknow. The next hearing is scheduled for Monday.

Lallu was arrested twice on May 20. First, he was arrested in Agra for being part of a protest against the state administration not giving permission for the buses — arranged by the Congress — to enter UP. After he was granted bail by a local court and released, Lallu was arrested again by Lucknow Police in Agra for alleged involvement in forgery of documents for the buses. This case was filed at Hazratganj police station in Lucknow.

The Congress leader was presented in the CJM court on May 20. Because the case had a non-bailable offence (IPC Section 467), the CJM sent him to jail and rejected the bail plea. Lallu’s lawyer filed for bail in the district court and the matter was first heard on May 26. It was then transferred to an MP-MLA special court in Lucknow as Lallu is an MLA.

The matter was first heard at the special court on May 28, when the government lawyer sought another date citing “the lockdown and because the papers could not be made available”. Lallu is currently lodged in Lucknow jail.

Manoj Kumar Tripathi, District Government Counsel (Crime), who is representing the government, said, “On May 28 we sought an extension till May 30, and on May 30 we sought another extension for seven days citing that the papers were not available as three police teams had gone to different states for probe and the investigating officer (IO) is not in the city. But the court summoned the IO on June 1 along with the case diary.”

Asked what the government’s prayer is, Tripathi said, “The matter is sub-judice. I can only say that no one is kept in jail for no reason. He is in jail according to rule of law.”

On the delay in bail hearing, Tripathi said, “Some fake documents were found for vehicles. Hence, police teams had to visit different states for investigation. Hence, time was sought by police.”

Sanjiv Pandey, Lallu’s lawyer, said, “We prayed in court that Lallu ji has no role in the issue regarding buses. The correspondence was between Priyanka ji’s (Gandhi Vadra) office and government officials. The government has no documentary evidence in the matter against Lallu.”

The complaint based on which the FIR at Hazratganj police station was lodged says, “…This is to bring to the notice that on May 16, Priyanka Gandhi Vadra, AICC general secretary, wrote a letter addressed to Chief Minister Yogi Adityanath. The letter sought permission to run 1,000 buses from Noida, Ghaziabad to help in the so-called migration of labourers. The request was granted and on, a letter was written om May 18 by additional chief secretary (Home) to Priyanka Gandhi’s personal secretary (Sandeep Singh) asking or details of 1,000 buses… In the list provided, there were 31 autorickshaws/three wheelers, one ambulance, 59 school buses, one truck, two DCMs… There were 70 vehicles in the list which had no data available anywhere and 59 vehicles had expired fitness certificates and insurance of 29 vehicles was unavailable…”

The complaint says the list was given with the intention of cheating and this was done as a conspiracy along with Lallu, which could have led to an accident and been used for political gain.

When contacted, state Congress Legislature Party leader Aradhana Mishra said, “On the legal front, we have done everything possible. The government is seeking more time to delay the proceeding. We can’t go to a higher court because that can only be done once the bail plea is rejected by the special court.”

Asked why the Congress is not protesting the arrest, she cited Covid regulations, adding, “But we are doing everything… I have written a letter to the Vidhan Sabha Speaker seeking his intervention.”

She also claimed that several Congress leaders and workers were booked for protests demanding Lallu’s release. “We trust the courts, and that we will get justice eventually.