February,19,2016: The Supreme Court asked Jawaharlal Nehru University student leader Kanhaiya Kumar’s on Friday to approach the Delhi high court for bail, agreeing the petition wasn’t possible in the Patiala House Courts where journalists and students were thrashed by a mob of lawyers.
An apex court bench of justice JChelameswar and justice Abhay Manohar Sapre asked the high court to hear the plea “expeditiously” and asked police to ensure security for Kumar’s advocates.
“This is not the court and not the stage to hear the bail. Hearing Kanhaiya Kumar’s bail plea directly would open floodgates,” the SC said.
Kumar’s lawyers are likely to mention the bail for an early hearing before the high court on Friday afternoon.
Kumar is facing sedition charges for allegedly organising an event commemorating 2001 Parliament attack convict Afzal Guru, where “anti-national” slogans were shouted. His arrest has sparked a wave of campus protests across India, including in the Capital, where thousands of students hit the streets on Thursday evening.
He was represented by Senior Lawyers Soli Sorabji and Raju Ramachandran. The Supreme Court 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 Court made it clear that SC is not the appropriate forum to file the Application for Bail.
Hearing the bail application directly will give the impression that that other courts are incapable and it will open flood gates for all accused to come to SC directly, said the Court. Supreme Court directed the Centre and Delhi Police to ensure proper security arrangements for counsel of the on Court premises.
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.
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