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JNUSU President Kanhaiya Kumar moves Delhi High Court for Bail

Live Law News Network
19 Feb 2016 1:10 PM GMT
JNUSU President Kanhaiya Kumar moves Delhi High Court for Bail
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Jawaharlal Nehru University Students' Union(JNUSU) President Kanhaiya Kumar today moved Delhi High Court for bail. The Application is moved by Advocate Vrinda Grover and Sushil Bajaj  before the Delhi High Court pursuant to the Supreme Court direction.

According to 'The Hindu' report,

“The High Court’s Registry sources said the case will not come up for hearing on Friday. Mr. Kumar’s lawyers Sushil Bajaj and Vrinda Grover first mentioned the petition before the High Court’s Registrar (Listing) Loren Bamniyal and later filed additional papers with the bail plea. According to IANS, his plea is likely to be heard on Monday. The lawyers arrived in the High Court with a huge posse of policemen following the apex court’s directions to the Centre and Delhi Police to ensure proper security arrangements for them on the High Court premises”.

Earlier Today a two Judge Bench of the Supreme Court had refused to entertain the Bail Application filed by Kumar under Article 32 of the Constitution of India. The Bench comprising of Justice Chelameshwar and AM Spare asked the lawyers ‘why didn’t you approach the Delhi High Court?” Solicitor General Ranjit Kumar argued that there was no safety issues in Delhi High Court. He questioned the maintainability of the Petition under Article 32 of the Constitution on the ground that the alternate remedy was available for the Petitioner. The Supreme Court directed to move the Petition to Delhi High Court and directed the High Court to consider the Application expeditiously.

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. On 15.02.2016, he was sought to be produced before the Learned Metropolitan Magistrate. However, due to the incidents of violence that took place at the court premises, carried out by members of the legal fraternity, in which journalists, students and senior faculty members of the Jawaharlal Nehru University were physically assaulted, Kanhaiya was produced before the Metropolitan Magistrate, at another location, and was remanded to two days’ police custody. On 16.02.2016, a Writ Petition was filed before the Supreme Court, seeking appropriate directions to ensure a proper conduct of the remand proceedings, in light of the incidents that took place on 15.02.2016. On 17.2.2016 Supreme Court directed the  Delhi Police Commissioner to ensure security of Kanhaiya Kumar. But it is reported that Delhi Police failed to adequately protect the Kanhaiya at the time of his production for remand proceedings, and he was violently assaulted by the gathered crowd of lawyers, while being taken for remand proceedings, and later by one person inside the courtroom. On the same day Supreme Court deputed 6 advocates, including 5 Senior Advocates to travel to Patiala House Court Complex to report on the situation there. On 18.2.2016 the Supreme Court appointed Committee submitted the report before the bench regarding the situation in the Patiala House Court.

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