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Monday, Sep 23, 2019

Chargesheet filed against Kanhaiya Kumar. What is the JNU sedition case

Former JNUSU president Kanhaiya Kumar and others were named in a charge sheet filed by Delhi Police in a sedition case Monday.

india Updated: Jan 14, 2019 21:26 IST
HT Correspondent
HT Correspondent
Hindustan Times, New Delhi
Former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar raising slogans after reaching JNU campus upon his release on bail, in New Delhi on March 3, 2016.
Former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar raising slogans after reaching JNU campus upon his release on bail, in New Delhi on March 3, 2016. (PTI File Photo)
         

On 9 February 2016, students of Jawaharlal Nehru University (JNU) allegedly shouted “anti-national” slogans during a protest at the university campus marking the death anniversary of Parliament-attack mastermind Afzal Guru and Kashmiri separatist Maqbool Bhat. The protest was organised by members of the Democratic Students Union (DSU) and the event was held despite the JNU administration withdrawing permission shortly before it began. The permission was withdrawn following opposition from the members of the ABVP. The event saw clashes between various student groups.

Two days later, on February 11, 2016, Delhi Police registered a case of sedition and criminal conspiracy. On February 12, Kanhaiya Kumar was arrested, sparking massive outrage among students. Two weeks later, on Feb 24, Umar Khalid and Anirban Bhattacharya were arrested.

Read more| Kanhaiya Kumar charged in JNU sedition case, says it is pre-poll politics

Evidence and investigations

Police said the statements of 90 witnesses were recorded. These included JNU administrative and security staff, students of the varsity, those who had gathered for the protest, three constables of Delhi Police who were at the campus in civil dress, and the reporter and the cameraman of Zee News.

Police said they have 10 mobile phone clips of the protest, the video recorded by the TV channel, which was found untampered according to the Central Forensic Science Laboratory, posters and social media posts allegedly used for the protest.

The eyewitnesses were three police officers -- head constable Rambir and constables Karambir and Dharambir -- who were wearing plain clothes and were present during the sloganeering.

Charges against 10 accused – Sections explained

IPC 124a – sedition – imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine

IPC 143 – unlawful assembly – imprisonment of either description for a term which may extend to six months, or with fine, or with both.

IPC 147 – rioting – imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 149 – member of unlawful assembly guilty of offence committed in prosecution of a common object – imprisonment up to six months

IPC 120b – criminal conspiracy – as per the offence committed (in this case according to IPC 124a - sedition)

IPC 323 – voluntarily causing hurt – imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both

Additional charges against Umar Khalid

IPC 465 – Punishment for forgery – imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 471 – Using as genuine a forged document or electronic record – as per the nature of forgery, the maximum punishment is life imprisonment

First Published: Jan 14, 2019 21:26 IST