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India Rule of Law

Sedition plea against Kanhaiya disposed of by Delhi HC

Delhi HC refused to direct AAP government to sanction prosecution

Sabrangindia 06 Dec 2019

KanhaiyaImage Courtesy: thehansindia.com

The Delhi High Court on Wednesday refused to direct the Aam Aadmi Party (AAP) government to grant sanction for the prosecution of former Jawaharlal Nehru University Students’ Union (JNUSU) President Kanhaiya Kumar in a sedition case registered against him in 2016.

A bench of Chief Justice DN Patel and Justice C Hari Shankar quashed the petition by former BJP MLA Nand Kishor Garg saying it could not pass any direction in the matter and it was for the Delhi government to decide as per existing rules, policy, law and facts of the case whether or not to grant approval for the prosecution.

The court, while disposing off the petition, said it appeared that the petitioner had some personal interest in the FIR lodged against Kumar and others in relation to the case.

The plea filed through advocate Shashank Deo Sudhi sought issuance of guidelines “for expeditious disposal of criminal cases of serious nature where there is involvement of the influential persons as accused". The HC turned down the demand and observed that there were enough meticulous laws in place with respect to grant of sanction by the state government.

The petition also alleged that Kumar's case highlighted the lackadaisical approach of the government as it had "failed" to grant the sanction letter which is required prior to taking cognisance of the charge sheet.

The petitioner had asked the court to direct the Delhi government to constitute a high-powered committee to look into the delay of the procedural compliances, but the HC denied the request saying that the State had enough number of officers and there was no need of a super panel.

In his petition, Garg claimed that “speedier outcome of the cases would act as deterrence to the community as well as prevention of crimes". "This approach of the government seems to be sending message to the citizenry that the law can be differently applied to different citizen due to their proximity to the political establishment," the petition contended.

Chronology

Feb 9, 2016: A protest march was held in JNU to commemorate the hanging of Parliament attack convict Afzal Guru, where allegedly ‘anti-India’ slogans were raised.

Feb 10: The JNU administration ordered a ‘discliplinary’ inquiry into the event.

Feb 11: The Delhi Police registered a case against unknown persons following a complaint by BJP MP Mahesh Giri and Akhil Bharatiya Vidyarthi Parishad (ABVP).

Feb 12: Kanhaiya Kumar was arrested

Feb 13: He was remanded to three days in custody on account of sedition charges

Feb 15: Violence erupted in Patiala House court ahead of the hearing in Kanhaiya’s case. Two FIRs were registered – one against lawyers manhandling journalists and the students, and the second against BJP MLA O P Sharma who was seen roughing up students in the court.

Feb 17: Another scuffle broke out where men dressed up as lawyers allegedly beat up scribes and students ahead of the hearing. Defence lawyer Vrinda Grover said that a man dressed up as a lawyer beat up Kanhaiya in the court premises and the police didn’t do anything; an act in complete violation of the SC order

Feb 18: Kanhaiya files a bail application in the Supreme Court (SC)

Feb 19: SC transfers bail plea to Delhi HC asking police to ensure Kanhaiya’s security. He moves Delhi HC for bail

Feb 23: Delhi Police opposes bail plea

Feb 23: JNU students Anirban Bhattacharya and Umar Khalid move Delhi HC for police protection before surrender

Feb 24: Anirban and Umar arrested by Delhi Police

Feb 25: Kanhaiya remanded to one day custody

Feb 26: Kanhaiya is sent to Tihar Jail

Mar 2: HC grants six months interim bail to Kanhaiya

Mar 3: Delhi HC orders Kanhaiya’s release

August 26: Kanhaiya, Anirban and Umar granted bail by Delhi court

January 14, 2019: On January 14 this year, the Delhi Police filed a 12,000 page chargesheet against ten people including student leaders Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya for raising ‘seditious slogans’ during an event held at the JNU campus in 2016. The charges were filed under Sections 124 (A) (sedition), 323 (voluntarily causing hurt), 465 (forgery), 471 (using genuine, forged document), 143 (punishment for unlawful assembly), 149 (unlawful assembly with common objective), 147 (rioting) and 120B.

Others named in the chargesheet included Aquib Hussain, Mujeeb Hussain, Muneeb Hussain, Umar Gul, Rayeea Rasool, Bashir Bhat and Basharat.

The chargesheet was filed after three years, just before the Lok Sabha elections.

(Source – The Indian Express)

Currently the sedition case against Kanhaiya stands disposed. The file on granting sanction has moved back and forth between the Delhi government’s home ministry and law department at least six times since January 14 reported the Hindustan Times.

Jan 17: Two former members of the ABVP claimed that the row at JNU had been planned by members of their organization. The trending hashtag at the time #ShutdownJNU was planned by the BJP, RSS and ABVP they said.

Related:

ABVP planned JNU row in 2016 and shouted anti-national slogans: ex ABVP members
JNU students rejoice as Delhi HC sets aside Penalty on Kanhaiya Kumar

Sedition plea against Kanhaiya disposed of by Delhi HC

Delhi HC refused to direct AAP government to sanction prosecution

KanhaiyaImage Courtesy: thehansindia.com

The Delhi High Court on Wednesday refused to direct the Aam Aadmi Party (AAP) government to grant sanction for the prosecution of former Jawaharlal Nehru University Students’ Union (JNUSU) President Kanhaiya Kumar in a sedition case registered against him in 2016.

A bench of Chief Justice DN Patel and Justice C Hari Shankar quashed the petition by former BJP MLA Nand Kishor Garg saying it could not pass any direction in the matter and it was for the Delhi government to decide as per existing rules, policy, law and facts of the case whether or not to grant approval for the prosecution.

The court, while disposing off the petition, said it appeared that the petitioner had some personal interest in the FIR lodged against Kumar and others in relation to the case.

The plea filed through advocate Shashank Deo Sudhi sought issuance of guidelines “for expeditious disposal of criminal cases of serious nature where there is involvement of the influential persons as accused". The HC turned down the demand and observed that there were enough meticulous laws in place with respect to grant of sanction by the state government.

The petition also alleged that Kumar's case highlighted the lackadaisical approach of the government as it had "failed" to grant the sanction letter which is required prior to taking cognisance of the charge sheet.

The petitioner had asked the court to direct the Delhi government to constitute a high-powered committee to look into the delay of the procedural compliances, but the HC denied the request saying that the State had enough number of officers and there was no need of a super panel.

In his petition, Garg claimed that “speedier outcome of the cases would act as deterrence to the community as well as prevention of crimes". "This approach of the government seems to be sending message to the citizenry that the law can be differently applied to different citizen due to their proximity to the political establishment," the petition contended.

Chronology

Feb 9, 2016: A protest march was held in JNU to commemorate the hanging of Parliament attack convict Afzal Guru, where allegedly ‘anti-India’ slogans were raised.

Feb 10: The JNU administration ordered a ‘discliplinary’ inquiry into the event.

Feb 11: The Delhi Police registered a case against unknown persons following a complaint by BJP MP Mahesh Giri and Akhil Bharatiya Vidyarthi Parishad (ABVP).

Feb 12: Kanhaiya Kumar was arrested

Feb 13: He was remanded to three days in custody on account of sedition charges

Feb 15: Violence erupted in Patiala House court ahead of the hearing in Kanhaiya’s case. Two FIRs were registered – one against lawyers manhandling journalists and the students, and the second against BJP MLA O P Sharma who was seen roughing up students in the court.

Feb 17: Another scuffle broke out where men dressed up as lawyers allegedly beat up scribes and students ahead of the hearing. Defence lawyer Vrinda Grover said that a man dressed up as a lawyer beat up Kanhaiya in the court premises and the police didn’t do anything; an act in complete violation of the SC order

Feb 18: Kanhaiya files a bail application in the Supreme Court (SC)

Feb 19: SC transfers bail plea to Delhi HC asking police to ensure Kanhaiya’s security. He moves Delhi HC for bail

Feb 23: Delhi Police opposes bail plea

Feb 23: JNU students Anirban Bhattacharya and Umar Khalid move Delhi HC for police protection before surrender

Feb 24: Anirban and Umar arrested by Delhi Police

Feb 25: Kanhaiya remanded to one day custody

Feb 26: Kanhaiya is sent to Tihar Jail

Mar 2: HC grants six months interim bail to Kanhaiya

Mar 3: Delhi HC orders Kanhaiya’s release

August 26: Kanhaiya, Anirban and Umar granted bail by Delhi court

January 14, 2019: On January 14 this year, the Delhi Police filed a 12,000 page chargesheet against ten people including student leaders Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya for raising ‘seditious slogans’ during an event held at the JNU campus in 2016. The charges were filed under Sections 124 (A) (sedition), 323 (voluntarily causing hurt), 465 (forgery), 471 (using genuine, forged document), 143 (punishment for unlawful assembly), 149 (unlawful assembly with common objective), 147 (rioting) and 120B.

Others named in the chargesheet included Aquib Hussain, Mujeeb Hussain, Muneeb Hussain, Umar Gul, Rayeea Rasool, Bashir Bhat and Basharat.

The chargesheet was filed after three years, just before the Lok Sabha elections.

(Source – The Indian Express)

Currently the sedition case against Kanhaiya stands disposed. The file on granting sanction has moved back and forth between the Delhi government’s home ministry and law department at least six times since January 14 reported the Hindustan Times.

Jan 17: Two former members of the ABVP claimed that the row at JNU had been planned by members of their organization. The trending hashtag at the time #ShutdownJNU was planned by the BJP, RSS and ABVP they said.

Related:

ABVP planned JNU row in 2016 and shouted anti-national slogans: ex ABVP members
JNU students rejoice as Delhi HC sets aside Penalty on Kanhaiya Kumar

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