'Produce Umar Khalid Without Handcuffs Or Fetters': Delhi Court Directs Jail Authorities In 2016 JNU Sedition Case

A Delhi Court has recently directed the jail authorities to produce Umar Khalid in a routine manner, without any handcuffs or fetters. He is under custody in connection with the 2016 JNU sedition case.

Chief Metropolitan Magistrate Pankaj Sharma of the Patiala House Court ordered thus:

"…considering the facts and circumstances, it is directed to jail authorities that accused Umar Khalid be produced through video conferencing until Such time the production is permitted through video conferencing in view of prevailing circumstances. Thereafter, his production be done in routine manner without using handcuffs or fetters."

It is pertinent to note that a city Court, while dealing with a Delhi riots case involving Umar Khalid, had last year turned down the plea of authorities to produce him by handcuffing.

The Court had observed that he was neither previous convict nor a gangster and that the application was filed "without application of mind by the high echelon of Delhi Police and prison authority." 

Background

A FIR was registered on February 11, 2016 against unidentified persons for allegedly shouting anti-India slogans during an event on the university campus on February 9, 2016 to commemorate the hanging of Parliament-attack mastermind Afzal Guru.

In January 2019, a chargesheet in the case was filed before the Court of Metropolitan Magistrate, naming the above accused persons. The chargesheet alleges that Kumar had incited the mob to shout anti-India slogans and contains CCTV footage, mobile footage and documentary evidence.

The chargesheet was however rejected by the Magistrate on January 19, 2019, citing lack of requisite sanctions.

[Note: As per Section 196 of CrPC, prosecution for the offence of sedition under Section 124A in Chapter VI of IPC cannot be carried forward without the sanction of the State Government.]

In February 2020, the Delhi Government granted sanction to prosecute persons accused of sedition for raising anti-national slogans during the 2016 protest march.

They have been charged with offences under sections 124A (sedition), 323 (voluntarily causing hurt), 465, 471 (forgery), 143, 149 (unlawful assembly), 147 (rioting) and 120B (criminal conspiracy) of IPC.