New Delhi: The Delhi High Court on Thursday rejected two pleas seeking cancellation of the six-month interim bail granted to JNUSU leader Kanhaiya Kumar, stating that “the investigation cannot be interfered with or intervened in any manner by any stranger”.
“This court does not find any substance to cancel the bail granted to the respondent/accused (Kanhaiya Kumar) and to issue notice to the respondent/accused for cancellation of bail. Thus, the applications are dismissed,” the court said.
The court was hearing two pleas that sought cancellation of the bail granted to Kanhaiya Kumar, claiming that Kumar had violated the bail conditions imposed by the Delhi High Court.
While granting the bail to the student leader on March 2, the court had warned him against participating “actively or passively in any activity which may be termed as anti-national”.
The court said that it is on the investigating officer to take a decision on cancellation of the bail on the basis of material collected during the probe, and said that the application of a stranger cannot be entertained without any substantial set of facts and circumstances or without sound principle of law.
“A stranger does not have any access to the proceedings particularly when the investigation is already in progress to prepare the report and submit the same before the court,” Justice P.S. Teji said.
“The investigation cannot be interfered with or intervened in any manner by any stranger and the investigating officer is to take decisions regarding the conduct of the investigation and the accused.”
It observed that Delhi government on the instructions of the investigating officer categorically stated that the “state (police) is not for cancellation of the bail”.
Of the two petitions, one has sought direction for initiation of perjury proceedings against Kumar for allegedly filing a false affidavit to obtain the bail.
Advocate R.P. Luthra, one of the petitioners, sought cancellation of the bail on the ground that his speeches subsequent to his release were “anti-national” which violated the bail conditions.
The alleged speeches made by Kanhaiya Kumar have been noticed by the petitioners from television or newspapers and they have no personal knowledge of the speeches, the court opined.
“Even the petitioners are not aware whether these speeches were declared anti-national by any court of law or whether such speeches are the subject matter of any prosecution before any court of law,” the court said.
“Alleging the speeches as anti-national is the personal perception of the petitioners and nothing has been brought forth to establish that such speeches were actually made or that the same were declared anti-national by any court of law.”
Jawaharlal Nehru University Students’ Union (JNUSU) President Kanhaiya Kumar was arrested on sedition charge over taking part in a controversial event on Kashmir, held in the university campus on February 9.