Delhi court dismisses bail application of ex-DUSU president Baisoya

Anand Mohan J
Baisoya is accused of using a fake marksheet to secure admission in DU

A Delhi court has dismissed former DUSU president Ankiv Baisoya s bail application in a fake marksheet case, observing that his custodial interrogation was necessary to unearth the racket of making forged and fabricated marksheets/degrees".

Baisoya had secured admission to DU’s MA Buddhist Studies course in July, and submitted BA marksheets from Tamil Nadu’s Thiruvalluvar University (TU) as qualifying certificates. The ABVP leader was elected DUSU president on September 13. Soon after the polls, the NSUI alleged he had submitted fake certificates, and Baisoya tendered his resignation soon afterwards.

The TU registrar had written to the Tamil Nadu Department of Higher Education, stating that Baisoya was neither enrolled in the varsity nor in any of its constituent or affiliated colleges.

Additional Sessions Judge Mohammad Farrukh, in his order, said "the investigation in this case is still going on and the applicant/accused is not cooperating in the investigation and has not disclosed the name of the person from whom the said forged and fabricated marksheet was obtained".

Reeta Sharma, the counsel for Delhi Police, told the court that Baisoya had not joined the investigation in the case, and asked the court to issue non-bailable warrants against him.

Baisoya was represented by advocates Zeeshan Hashmi and Salman Hashmi, who submitted he was appearing before the police in another case registered in 2017.

A Delhi Police officer told The Indian Express that Baisoya was accused of entering Daulat Ram College in 2017 and damaging college property during a protest. The investigation officer in the fake marksheet case on the other hand submitted before the court that Baisoya has "joined the investigation with him, however, he has not disclosed the name of the person through whom he had procured the forged and fabricated marksheet… for which his custodial interrogation is necessary".

The judge, while cancelling Baisoya s bail application, relied on a Supreme Court judgment, State (CBI) v. Anil Sharma, which held that "success in such interrogation would allude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual".