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Delhi minister Kailash Gahlot rejects law secretary’s reply in JNU sedition case
The three-page explanation furnished by principal law secretary AK Mendiratta was in response to a January 21 show cause notice issued to him by Delhi law minister Kailash Gahlot in connection with the JNU sedition case.
In a written reply to Delhi law minister Kailash Gahlot, principal secretary (law) AK Mendiratta has said the minister was not the “competent authority” in matters pertaining to prosecution sanctions, including in the JNU sedition case, documents accessed by Hindustan Times have revealed.
However, Gahlot rejected Mendiratta’s response, saying it did not answer why the law secretary was being selective about files being sent to him.
The three-page explanation furnished by Mendiratta was in response to a January 21 show cause notice issued to him by law minister Gahlot in connection with the JNU sedition case.
Hindustan Times had on Thursday reported how Gahlot in the notice said Mendiratta “intentionally” bypassed him and sent the file related to the sanction to prosecute former Jawaharlal Nehru University (JNU) students directly to the home department.
The case relates to anti-national slogans allegedly raised in February 2016 on JNU campus. Former JNU students’ union president Kanhaiya Kumar and research scholars Umar Khalid and Anirban Bhattacharya are among those named in the charge sheet.
Senior officials in the law department said Mendiratta, in his note, explained the state government’s definition and mentioned how that the lieutenant governor was Delhi’s administrator. “He stated how under the devolution of powers, subjects related to prosecution sanctions are supposed to be handled by the Delhi government’s home department. He quoted parts of the code of criminal procedure to substantiate his argument,” an official, who did not wish to be named, said.
Mendiratta did not respond to calls and messages.
Writing back to the law secretary, Gahlot said Mendiratta “skipped” the issue on which his explanation was sought. “Not a word has been mentioned by Mendiratta as to why the standing orders issued in 2017 and 2018 have not been complied with only in one particular matter. Is it not a fact that all files of the law department are being routed through the law minster? How can Mendiratta send one file to the minister (law) and not send a similar file and then try to justify it?” read the minister’s note. He mentioned about a similar prosecution sanction file for a Delhi police sub-inspector that was sent to him. HT has a copy of the note.
“Let me clarify that I am fully aware that minister (law) is not the competent authority for grant of prosecution sanction under Section 196 CrPC. The issue is simple: Home department has sought opinion/views of the law department on a matter and the opinion/views of the law department could not have been communicated to the home department without routing the file through the minister (law),” the file read.
In his show-cause notice to the principal secretary, Gahlot had said Mendiratta’s act was “not only insubordination” but also appeared “to have been done intentionally” so that the minister’s views are not recorded on the file.
Chief minister Arvind Kejriwal on Thursday said the law department was examining granting of sanction to prosecute Kanhaiya Kumar in the sedition case. Reacting to HT’s report, Leader of Opposition in the Delhi Assembly, Vijender Gupta, said the Delhi government was “tacitly supporting” JNU students charge sheeted by Delhi Police.
“It is chalking out a political strategy in favour of those charged with sedition in the JNU case. The Delhi government is trying to derail the process of justice by giving contradictory statements. The statement of law minister Kailash Gahlot is shameful. AAP is putting blocks in the law and order system,” he said.
