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JNU Row: Delhi HC refuses to cancel Kanhaiya Kumar’s interim bail, adjourns hearing till April 28

Apoorva Mandhani
24 March 2016 10:51 AM GMT
JNU Row: Delhi HC refuses to cancel Kanhaiya Kumar’s interim bail, adjourns hearing till April 28
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The Delhi High Court on Wednesday refused to cancel the interim bail granted to JNU Students’ Union President Kanhaiya Kumar for the time being. Justice Suresh Kait adjourned the hearing till April 28, as the Delhi Police sought to buy time, saying that the issue was being investigated.

Appearing for the Delhi Police, Special Public Prosecutor Shailendra Babbar reportedly told Justice Kait, “As regards the allegations that he (Kanhaiya) has violated the bail conditions, this fact is disputed. Unless verified by us, we cannot comment on this. The investigation is going on… We have not preferred any cancellation application. If the court will issue notice, we will come back to the court. I have to verify and unless verified I cannot comment.”

The Delhi Government however took a firm stand before the Court, submitting that Mr. Kumar had not violated any bail condition. Senior Standing Counsel Rahul Mehra left it to the Court to ascertain the truth of the allegations. However, “no single ground has been shown which satisfy the condition that he (Mr. Kumar) has violated the bail conditions at this stage. No violation is shown. They (petitioners) must place the grounds on which they are seeking cancellation of bail,” Mr. Mehra said.

“There is no single act by which it could be said that there is violation of the order,” he said, adding, “Courts are conscious of the fact that if their orders have been violated, then bail must be cancelled.”

Mr. Kumar was booked and arrested on charges of sedition during an event organized in JNU against the hanging of Parliament attack convict Afzal Guru. While granting him bail, Justice Pratibha Rani had directed Mr. Kumar not to “participate actively or passively in any activity which may be termed as anti-national.” Mr. Kumar was directed to furnish bail bond of Rs. 10,000, with a faculty member to stand as surety for his release. You may read the LiveLaw article here.

The petitions before the Court contend that Mr. Kumar has violated the conditions which were levied while granting him bail. “Kanhaiya continued his anti-national activities on each and every day and it became unbearable when he alleged in public that the Indian armed forces rape women in Kashmir,” the plea reportedly stated. The petition also condemns some faculty members for indulging in “anti-national activities with more force, resulting into shame and defame in the eyes of the entire world”. They have therefore demanded that Mr. Kumar’s bail be cancelled at the earliest.

Mr. Umrao has filed another plea for initiating perjury proceedings against Mr. Kumar, alleging that he had “deliberately and willfully filed a false affidavit” before the court. You may read the LiveLaw article here.

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