Delhi HC Dismisses Plea Seeking Issuance Of Guidelines To Expedite Sanctions To Prosecute Sedition Cases

Delhi High Court has dismissed the petition seeking guidelines to be issued to the Delhi Government for granting sanction to prosecute sedition and corruption cases.

The court said that it sees no reason to draft guidelines for government to follow while granting sanctions to prosecute sedition or corruption cases.

The Division Bench of Chief Justice DN Patel and Justice Hari Shankar also noted that there's no need to constitute any high power committee as the government already has enough officers and departments to deal with the issue of granting sanction to prosecute sensitive criminal cases.

Petitioner argued that the government is misusing the legal system to suit their interests, despite taking an oath under Schedule III of the Constitution.

Further, it was argued that by delaying the grant of sanction to prosecute the said sedition cases, the government has violated the rule of law.

Petitioner had also asked for directions to be issued to the Delhi Government to expedite the grant of sanction to prosecute Kanhaiya Kumar and others in a sedition case against them.

Chief Justice DN Patel asked the Petitioner that in his prayer he has asked for the court to set up guidelines for the government to expedite the process of giving sanction to prosecute sedition cases. However, no such guidelines have been given by the Petitioner in the annexures.

The court also questioned the Petitioner about the need to constitute a high powered committee to look into the delay caused in granting sanctions to prosecute sedition cases.

On the question of issuing directions in the Kanhaiya Kumar sedition case, the court refused to entertain the plea of the Petitioner and noted that the government will deal with the same in accordance with law and applicable policy.

Earlier on October 25, Delhi Police had informed the Chief Metropolitan Magistrate Manish Khurana that the request for sanction to prosecute Kanhaiya Kumar is still pending before the Home Department of the Delhi Government.

On the same date, the CMM had directed the Investigation Officer in the present matter to appear before him on December 11.

On September 18, the court had given a deadline of one month to the Delhi Government, to decide upon the issue of giving sanction to prosecute Kanhaiya and other JNU Students in a sedition complaint against them.

JNU students Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya are named in a sedition complaint filed with respect to the incident of February 9, 2016, where it is alleged that the said persons were raising and supporting seditious slogans. Chargesheet in the present matter has also been filed.