Justice Pratibha Rani, however, said the thoughts reflected in the slogans raised by some of the students of the JNU, who organised and participated in that programme, “cannot be claimed to be protected as fundamental right to freedom of speech and expression”. In its status report filed on 24 February, the Delhi Police told the court that Kumar had actively participated in raising anti-national slogans.
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“When your (Delhi) men were present on the spot there in the campus in civil dress why didn’t they take cognizance when anti-India slogans were raised?”
Senior advocate Kapil Sibal, appearing for Kumar, had stated that a few persons with their faces covered had raised slogans while the police had arrested Kumar exclusively on the basis of the video footage aired on a television channel.
Further, it said that the accused has to furnish an undertaking that he will not violate any of the conditions mentioned in the bail order.
Last week, Kanhaiya Kumar, the elected president of JNU’s student union, was arrested for ostensibly making “anti-national” remarks in his speech arguing for social justice. Kanhaiya reached the venue when he heard that two groups were quarrelling, said his counsel.
“The order cleared one thing that we have some evidence to prove the charges framed against Kanhaiya”, he said.
The fact-finding report on the alleged anti-national sloganeering that took place on Jawaharlal Nehru University (JNU) campus on February 9, sought by the AAP government, was completed and submitted to Deputy Chief Minister Manish Sisodia on Wednesday.
Feb 12: Those who say that such incidents don’t come under Section 124-A, they are wrong.
Two other JNU students also charged with sedition, Anirban Bhattacharya and Umar Khalid, remain in judicial custody. But we are happy at least he will be free from jail, ” Zutshi said.
Interestingly, the Delhi police won’t appeal against the bail in the Supreme Court.
It was as if the bail was not worth a mention even, despite having spent days airing morphed videos, and building a case against Kanhaiya for sedition.
Following the situation, an emergency meeting was called upon at the police headquarters where they finalised the exit plan.
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Feb 24: If Kanhaiya is released on bail, it would send a wrong signal to students across the country that such anti-India activities can be conducted with immunity. When asked that will the police challenge the order in the Supreme Court, Special Public Prosecutor Shailendra Babbar said, ” We will first analyse the order and then decide the next move accordingly.
