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Delhi HC adjourns Hearing on Kanhaiya Kumar's bail Plea to 29th February.[with latest Updates]

LiveLaw News Network
24 Feb 2016 5:44 AM GMT
Delhi HC adjourns Hearing on Kanhaiya Kumar
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Delhi High Court Today adjourned the hearing of bail application filed by JNU Students Union leader Kanhaiya Kumar to 29th of this month. The decision came after Delhi Police has  informed the Court that they will file fresh remand application since two more Accused in the Case have been arrested. Police submitted that Kanhaiya Kumar's remand is required to confront him with other accused in the Case. The Court expressed concern over the safety of Kanhaiya Kumar, "we have to ensure that they do not even suffer a scratch", said the Court.  The Court also directed the police to ensure security of other two accused in the Case Umar Khalid and Anirban Bhattacharya who have surrendered yesterday. ANI reported that High Court will pass directions with regard to place where Umar Khaled and Anirban Bhattacharya will be produced after consultation with authorities.

Yesterday the bail application came up for hearing and it was posted for Today. Justice Pratibha Rani asked the Delhi police to file the status. The police have filed the Status Report Today

According to TV reports Delhi police have pointed out the following circumstances against Kanhaiya Kumar
1. Kanhaiya seen by eyewitnesses accompanying Procession of Pro-Afzal students
2. In Zee News Footage (At 17:30 Minutes) Kanhaiya seen accompanying anti-India procession
3. Pro-Afzal Assembly was unlawful as VC had cancelled rally permission
4. Procession raised anti India slogans and provoked other students to indulgence in violence against Govt
5. Chief Security Officer of JNU Naveen Yadav has given statement that Kanhaiya was one of the leaders of the procession
6. Inspector Security Guard Sandeep Kumar has said Kanhaiya was in a group of 15-20 Students who raised anti India Slogans
7. Security Assistant Suraj Prakash and 6 other guards have given statements confirming Kanhaiya was Present When anti-India Slogans were raised
8. 6 Students of JNU have given statements to the Police Testifying that Kanhaiya was at a gathering where anti-India Slogans were raised
9. Kanhaiya Kumar himself does not deny presence at the spot where anti-India Slogans were raised in front of Metropolitan Magistrate Lovleen at Patiala House Court.

In the bail plea, Mr. Kumar contended that he has been “falsely implicated” and booked under charges of sedition. He has denied raising any anti-national slogans during the event organized at the Jawaharlal Nehru University. Mr. Kumar’s lawyers had rushed to the High Court, after a Division Bench of the Supreme Court refused to entertain his bail application, directing him to file the application before Delhi High Court with proper amendments. He had moved the Supreme Court under Article 32 of the Constitution of India, citing ‘extraordinary circumstances’ prevailing in the Patiala House Court. Mr. Kumar has been charged with sedition and criminal conspiracy over his comments on the hanging of Parliament attack convict Afzal Guru. On 11.2.2016 FIR No. 110/2016, under Sections 124A/120B of the Indian Penal Code was registered against Kanhaiya Kumar, and other unknown persons by Delhi Police. On the same day, he was arrested. On 12.02.2016, he was remanded to police custody for 3 days, by the order of Shri Loveleen, Metropolitan Magistrate, Patiala House Courts, Delhi.

Read the order here.

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