he Delhi high court on Tuesday issued a notice to the city police on the bail plea of JNU student leader Kanhaiya Kumar and asked it to submit a status report by Wednesday.
Additional solicitor general Tushar Mehta, appearing for Delhi Police said since it was a pre-chargesheet bail application, police should be allowed to file the status report in a sealed cover. Delhi Police have opposed Kumar’s bail plea saying an investigation into the case is on.
Justice Pratibha Rani rejected the request saying: “No sealed cover is required. It’s just a bail application and the petitioners have the right to know (why police have opposed the bail)”.
The HC also directed Delhi Police to give a copy of its status report on the bail plea to Kanhaiya’s counsel Rebecca John.
In his bail plea, Kanhaiya has said he was wrongly arrested on the basis of an FIR which was devoid of evidence to book him under such a serious charge. His counsel said the petition is limited to bail for Kanhaiya who was arrested on February 12 and later sent to judicial custody till March 2.
Kanhaiya was arrested for allegedly shouting anti-India slogans during an event in the university campus to commemorate the anniversary of the execution of 2001 Parliament attack convict Afzal Guru.
AAP’s senior standing counsel Rahul Mehra sought to represent Delhi Police in Kanhaiya’s bail plea, but it was opposed by ASGs Mehta and Sanjay Jain.
Justice Rani refused to entertain the issue saying it was “not a place to settle personal scores” and posted the matter for hearing on Wednesday.
Kanhaiya had moved the HC after the Supreme Court refused to entertain a similar plea saying approaching it directly would set a dangerous precedent and asked him to move the HC.
Another bench headed by justice BD Ahmed agreed to hear pleas filed by JNU students Umer Khalid and Anirban Bhattacharya seeking security before they surrender. Their pleas will be heard on Tuesday afternoon.
Security at the high court was strengthened for the hearing and entry to the courtroom was restricted to lawyers involved in the case, family members and a few journalists.