Kanhaiya granted interim bail for 6 months by Delhi HC

New Delhi

JNUSU President and left wing cadre Kanhaiya Kumar, arrested in a sedition case, was today granted interim conditional bail for six months by the Delhi High Court, which said he will “not participate actively or passively in any activity which may be termed as anti-national”.

The high court also enjoined on him, as president of JNU students union, that he “will make all efforts within his power to control anti-national activities in the campus.”

“Taking into consideration the facts and circmstances, I am inclined to release the petitioner on interim bail for a period of six months,” Justice Pratibha Rani said, while making it clear that the accused will have to cooperate in the ongoing investigation and present himself before the investigators, as and when required.

The judge also considered the family background of Kanhaiya, whose mother is an Anganwadi worker earning a paltry amount of Rs 3000 on which the entire family survives, and ordered that he be released on furnishing a personal bond of Rs 10,000 and a surety of like amount.

The judge directed that the accused’s surety “should also be either a member of the faculty or a person related to him in a manner that he exercises control on him not only with respect to appearance before the court but also to ensure that his thoughts and energy are channelised in a constructive manner.”

While giving monetary concession for furnishing the bond for release, the high court said Kanhaiya has to “furnish an undertaking to the effect that he will not participate actively or passively in any activity which may be termed as anti-national.” (more) PTI ABA PPS UK AG RKS

In the 23-page order, the judge said, Kanhaiya would not leave the country without the permission of the trial court and the person standing surety for him shall also furnish an undertaking on the lines similar to that of the accused.

The judge also observed that “during the period spent by petitioner in judicial custody, he might have introspected about the events that had taken place. To enable him to remain in the mainstream at present, I am inclined to provide conservative method of treatment.”

The judge said, “Once the decision of releasing the petitioner on interim bail is taken, now the question comes as to what should be the amount for monetary security. In his speech dated February 11, 2016, the petitioner has claimed that his mother works as Anganwadi worker and earns Rs 3,000 per month on which the entire family survives.

“If this aspect is considered, then the amount required to be filled in the personal bond and surety bond cannot be so high as to put him in a position that he cannot avail the interim bail,” the judge said.

“The time is ripe that while giving some concession to the petitioner on monetary aspect for purpose of furnishing the bond, he can be required to furnish an undertaking to the effect that he will not participate actively or passively in any activity which may be termed as anti-national.

“Apart from that, as President of JNU Students Union, he will make all efforts within his power to control anti- national activities in the campus,” the high court said.

While laying down the conditions for Kanhaiya’s release on interim bail, the high court said that the personal bond of Rs 10,000 and an undertaking with surety, who should preferrebly be a faculty member of JNU, will be to the satisfaction of concerned Metropolitan Magistrate or the link Magistrate with the condition that “he shall not leave the country without the permission of the court”. PTI

Link to judgement

Glimpses of judgement

Kanhaiya admits his presence, further probe required: HC

New Delhi

JNUSU President Kanhaiya Kumar has admitted his presence at the spot where anti-India slogans were raised but the “limited controversy” that needs to be probed was whether he was “actively participating” in alleged anti-national activities, the Delhi High Court today said.

Further, the court said Delhi Police Special Cell, which has taken over the investigation, has to ascertain whether Kanhaiya’s February 11 speech contained his original thoughts and faith in the Constitution and nationalist approach, or the speech was to create a “safety gear for himself” for the February 9 incident.

The court refrained from going into a detailed examination of the evidence relied upon by the police while dealing with the bail plea saying, “What was the role played by Kanhaiya on that day is subject matter of investigation and it is desirable at this stage to leave it to the investigating agency to unearth the truth.”

“The petitioner is President of JNU Students Union and actively involved in various activities carried out in the University. He admits his presence at the spot on the alleged date of occurrence. The photographs of the incidents placed on record have been filed to show his presence at the spot,” Justice Pratibha Rani said.

“The limited controversy as on date is whether the petitioner was actively participating in the alleged anti- national activities on that day or he was present there only to intervene between two rival factions of the students,” the court said.

It further said that at this stage while deciding the bail plea, it would be necessary to refer to available materials, including FIR, status report, 30 slogans as well as various photographs of the event.

“The FIR in this case has been registered only about three weeks back. The investigation has now been transferred to the Special Cell of Delhi Police.

“At this stage, a detailed examination of the evidence is to be avoided while considering question of bail, to ensure that there is no prejudging and no prejudice, a brief examination for satisfying about the existence or otherwise of a prima facie case is necessary,” the judge said.

The high court observed the police was not disputing that in the video footage of the incident, Kanhaiya was not seen raising any anti-national slogans.

“It is again subject to outcome of investigation that will determine the category in which the accusations against the petitioner would fall,” the judge noted.

The court said, “Investigation is at the initial stage.

The petitioner is the President of Jawaharlal Nehru University Students Union. His presence at the spot on February 9, 2016, has been claimed on the basis of raw video footing of that day i.e. February 9, 2016.

“The petitioner at present is in judicial custody. The question is, in view of the nature of serious allegations against him, the anti-national attitude which can be gathered from the material relied upon by the State should be a ground to keep him in jail.” PTI