2016 JNU Sedition Case: Delhi Court Summons Kanhaiya Kumar, Umar Khalid, Anirban Bhattacharya & Others On March 15

The Court of Chief Metropolitan Magistrate has summoned all 10 accused in the case, including Umar Khalid, Anirban Bhattacharya and former JNU Students' Union president Kanhaiya Kumar, and has directed them to remain present before the Court on March 15.

"After careful perusal of the charge-sheet and consideration of the material, all the accused persons mentioned herein above are summoned to face trial for the offence under section 1294A/323/465/47 1/143/147/149/120B IPC. Accused persons be summoned through IO for 15.03.2021," the order passed on Monday stated.

Other persons named in the chargesheet include: Aquib Hussain, Mujeeb Hussain Gattoo, Muneeb Hussain Gattoo, Umar Gul, Rayees Rasool, Basharat Ali and Khalid Bashir Bhatt.

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.