The Delhi High Court on Thursday declined to cancel the six-month interim bail granted to JNUSU president Kanhaiya Kumar on petitions filed by two private persons.
The court held that a probe could not be interfered with by a stranger under the Cr.PC and the Delhi police themselves were not in favour of cancelling the bail. Prashant Kumar Umrao and Vineet Jindal had moved two separate petitions seeking cancellation of the interim bail granted to Mr. Kumar, facing charges of sedition, on March 2.
‘No substance in charges’
They alleged that while being on bail, he “continued his anti-national activities by making public statements that the Indian armed forces rape women in Kashmir.”
“The contentions made by the counsel for the petitioners, that the speeches made by the respondent/accused [Kanhaiya] subsequent to the grant of bail are anti-national and violative of the conditions of bail, do not find any substance on the file. The alleged speeches made by the respondent/accused have been noticed by the petitioners from the television or newspapers. The petitioners have no personal knowledge of the speeches so made and contents thereof. Even the petitioners are not aware whether these speeches were declared anti-national by any court of law or whether such speeches are the subject matter of any prosecution before any court of law,” said Justice P.S. Teji in his judgment.
‘Personal perception’
“Alleging the speeches as anti-national is the personal perception of the petitioners and nothing has been brought forth to establish that such speeches were actually made or that the same were declared antinational by any court of law,” he added.
The court also took note of the stand taken by the Delhi Police and the investigating officer that “the prosecution is not in favour of cancellation of bail granted to the respondent/accused.”
Justice Teji also stated that the investigating officer was the only appropriate person to move an application for cancellation of bail and even otherwise, the petitioners had failed to bring on record any substantial facts warranting any intervention.
“... as per the Code of Criminal Procedure set up, the criminal proceedings are between the State and the accused or between the complainant and the accused. A stranger does not have any access to the proceedings particularly when the investigation is already in progress to prepare the report to submit the same before the court,” said Justice Teji.
Mr. Kumar, who was granted interim bail on March 2 by the High Court, is facing sedition charge in connection with an event at JNU on February 9, where anti-national slogans were allegedly raised and Parliament attack convict Afzal Guru hailed as ‘martyr’.
Two persons had moved separate pleas seeking cancellation of Kanhaiya Kumar's interim bail
