Breaking; Delhi High Court grants Interim Bail to Kanhaiya Kumar [Read Order]

The Delhi High Court, today granted interim bail to JNU students union president Kanhaiya Kumar in the Sedition Case. Justice Pratibha Rani allowed interim bail for Six Months by partly allowing the bail application filed by Mr.Kumar on 19th February 2016. Kanhaiya is directed to furnish bail bond of ₹10,000. The Court also directed that a faculty member from JNU should stand as Surety for his release. Court directed Kanhaiya to cooperate with ongoing investigation as and when required by police.

“The investigation in this case is at nascent stage. The thoughts reflected in the slogans raised by some of the students of JNU who organized and participated in that programme cannot be claimed to be protected as fundamental right to freedom of speech and expression. I consider this as a kind of infection from which such students are suffering which needs to be controlled/cured before it becomes an epidemic.
48. Whenever some infection is spread in a limb, effort is made to cure the same by giving antibiotics orally and if that does not work, by following second line of treatment. Sometimes it may require surgical intervention also. However, if the infection results in infecting the limb to the extent that it becomes gangrene, amputation is the only treatment.
49. During the period spent by the petitioner in judicial custody, he might have introspected about the events that had taken place. To enable him to remain in the main stream, at present I am inclined to provide conservative method of treatment. 50. Taking into consideration the facts and circumstances, I am inclined to release the petitioner on interim bail for a period of six months". states the Order

Conditions

"The petitioner is granted interim bail for a period of six months on his furnishing personal bond in the sum of ₹10,000/- and an undertaking on above lines, with one surety, who should preferably be a Faculty member of Jawaharlal Nehru University, to the satisfaction of learned concerned Metropolitan Magistrate/Link Metropolitan Magistrate, with the condition that he shall not leave the country without the permission of the Court. The surety shall also furnish an undertaking on the lines similar to that of the petitioner"

On March 1, 2016 the Court heard the arguments and posted the Case for Orders Today. Kanhaiya Kumar, who is in the judicial custody, submitted through senior advocate Kapil Sibal, that anti-India slogans inside the campus were raised by people with covered face. He also questioned the conduct of the Delhi police on registering the FIR on the basis of a TV video. Mr.Sibal asked why the FIR was not registered on that day itself if Kanhaiya and others had raised anti-India slogans as police personnel were present in civilian attire during the event and had witnessed the incident. Mr.Sibal also submitted that application for organising the event in question was filed by Umar Khalid and Anirban Bhattacharya, who are presently undergoing custodial interrogation.”Obviously, Kanhaiya had no part to play as he had not applied for the event. There itself the case against Kanhaiya goes,” the counsel said. Sibal pointed out that the court can itself find from the video that Kanhaiya himself was seen asking people with muffled face, accused of raising anti-India slogans, for their identity cards.He claimed that there was no forensic report of the recording which could establish that Kanhaiya had raised anti-India slogans which attract the sedition charges.

In the bail plea, Mr. Kumar contended that he has been “falsely implicated” and booked under charges of sedition. He has denied raising any anti-national slogans during the event organized at the Jawaharlal Nehru University. Mr. Kumar’s lawyers had rushed to the High Court, after a Division Bench of the Supreme Court refused to entertain his bail application, directing him to file the application before Delhi High Court with proper amendments. He had moved the Supreme Court under Article 32 of the Constitution of India, citing ‘extraordinary circumstances’ prevailing in the Patiala House Court. Mr. Kumar has been charged with sedition and criminal conspiracy over his comments on the hanging of Parliament attack convict Afzal Guru. On 11.2.2016 FIR No. 110/2016, under Sections 124A/120B of the Indian Penal Code was registered against Kanhaiya Kumar, and other unknown persons by Delhi Police. On the same day, he was arrested. On 12.02.2016, he was remanded to police custody for 3 days, by the order of Shri Loveleen, Metropolitan Magistrate, Patiala House Courts, Delhi.

Read the order here.