New Delhi: Delhi High Court declined the plea of two private individuals to cancel the interim bail of JNUSU president Kanhaiya Kumar in a sedition case, saying nothing has been brought before it to show that the student leader had made any anti-national speech after his release.
Justice P S Teji dismissed the pleas saying, “no hindrance or obstruction” in the ongoing investigation in the case by the accused has been brought to the notice of the court by any party.
The high court further said it is for the investigating officer (IO) to decide whether or not to seek cancellation of bail on grounds of materials collected during investigation as the legal provision does not envisage any right upon a stranger to approach the court for cancelling bail.
Such a right which has been conferred only on IO or under exceptional circumstances, it said.
The court refused to accept the petitioners’ contention that Kanhaiya has made any anti-national speech post bail. “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,” the judge said, adding that the investigating agency has also submitted that “bail need not be cancelled”.
The court said, “A stranger plea cannot be entertained without any substantial set of facts and circumstances or without sound principle of law to call upon the accused, for cancellation of bail, who has been protected under Article 21 of the Constitution of India except the authority empowered under the CrPC [section 439(2)].”
“This court is of the considered opinion that much time has already been spent on the application (for cancellation of bail). It will be appropriate if the IO submits his report within six months from the date of grant of bail for consideration of the court,” it said.