In a breather to Kanhaiya Kumar, the Delhi high court on Wednesday declined to cancel the interim bail granted to the Jawaharlal Nehru University students’ union leader for now.
Justice Suresh Kait adjourned the hearing till April 28 after the Delhi Police said they were verifying whether Kanhaiya violated interim bail conditions.
“Whether the act of Kanhaiya Kumar is a violation of his bail condition is a disputed fact...At this stage, we have not preferred any cancellation of interim bail,” Delhi Police’s counsel Shailendra Babbar told the court.
The Delhi government, too, said it was not in favour of cancelling Kanhaiya’s bail, adding the petitioners must first place the facts and grounds against him.
Senior standing counsel Rahul Mehra said: “The petitioners have not shown a single act by which there is violation of bail condition”.
There are two petitions seeking the cancellation of Kanhaiya’s bail.
Advocate RP Luthra, one of the petitioners, sought the cancellation on the ground that his speeches subsequent to his release are “anti-national”, which violated the bail conditions.
While granting him bail on March 2, the HC had said Kanhaiya will “not participate actively or passively in any activity which may be termed as anti-national”.
{{/usCountry}}While granting him bail on March 2, the HC had said Kanhaiya will “not participate actively or passively in any activity which may be termed as anti-national”.
{{/usCountry}}He has also sought the initiation of perjury proceedings against Kanhaiya, alleging he had “deliberately and wilfully filed a false affidavit” before the court while securing his bail.
Kanhaiya, who was granted six months’ interim bail, is facing sedition charges in connection with an event at JNU on February 9 where anti-national slogans were allegedly raised and Parliament attack convict Afzal Guru hailed as a ‘martyr’.
The petitioners said the state has failed to act against Kanhaiya despite his “anti-national activities”.
Justice Kait told the petitioners to explain their locus in the case, as Kanhaiya is under interim bail and the state is already looking into the issue.
“If you (petitioners) have any grievance you bring it to the notice of police... State and Central government both are looking into it,” the judge said.