Government sanction not needed for charge sheet in JNU sedition case: DCP to court
On query, the DCP told the court that the police’s role regarding sanction is complete. Following this, chief metropolitan magistrate (CMM) Deepak Sehrawat said he will now ask the Delhi government about the sanction.Updated: Mar 31, 2019 01:37 IST
“Sanction is an administrative act and a charge sheet can be filed without a sanction,” the Delhi Police told a city court on Saturday during a hearing of the 2016 sedition case in which the former Jawaharlal Nehru University (JNU) students’ union president Kanhaiya Kumar and nine others were accused of shouting anti-national slogans on the varsity’s campus.
Pramod Kushwaha, deputy commissioner of police (DCP), special cell, cited several judgments of the high court and Supreme Court stating, “Grant of sanction is an administrative act and is not a part of the investigation”.
On query, the DCP told the court that the police’s role regarding sanction is complete. Following this, chief metropolitan magistrate (CMM) Deepak Sehrawat said he will now ask the Delhi government about the sanction.
Kushwaha, who appeared on the summons of the court, said they had already sent the request for sanction to the home department of the Delhi government and are awaiting a reply.
On Friday, the court had rapped the police after the DCP failed to appear before the judge. It had directed the DCP to appear before it on Saturday, armed with a report on the issue of sanction.
Earlier, on March 11, the court had directed the DCP concerned to file a “written explanation” on why sanction had not been obtained. The special cell is investigating the case.
Police, on January 14, had filed a 1,200-page charge sheet before the city court naming Kumar, Umar Khalid, Anirban Bhattacharya and seven others, and charging them with raising anti-India slogans on campus during an event on February 9, 2016.
They had denied the allegations and criticised Delhi Police for filing a sedition case against them. Kumar and Khalid said the police action was “politically motivated”.
Under the Code of Criminal Procedure, investigating agencies have to take the approval of the state government before filing a charge sheet in a sedition case.
The court had earlier pulled up the Delhi Police for filing the charge sheet “without obtaining requisite sanction”.
“It is for the police officer concerned to explain the steps that have been taken so far for obtaining sanction,” the court had said. It had earlier rapped the Delhi Police for “dragging its feet on the subject”, which it had said is “not acceptable in view of the seriousness of the allegations”.
The file related to the sanction is with Delhi home minister Satyendar Jain since January 21.
First Published: Mar 31, 2019 01:37 IST