Live: Kanhaiya Kumar's lawyers approach Delhi HC, SAR Geelani's bail plea dismissed Feb 19, 2016 17:31(IST) Now, Delhi police says it will oppose bail
Tarique Anwar of
The hearing on Kanhaiya's bail plea will be heard in Delhi HC on Tuesday . The case was transferred to the HC by the Supreme Court, which dismissed the petition asking the defense to go to the HC first, and the accused lawyers wanted to add some documents. Therefore, the court asked the the defense lawyers to submit the final petition tomorrow to hear it on Tuesday . Meanwhile, the Delhi Police will oppose the bail petition, a development something different from the earlier stand by Commisioner BS Bassi. "We will oppose Kanhaiya's bail plea tooth and nail," advocate Shailendra Babbar, counsel for the city police, confirmed to Firstpost. Asked what the reason was for this sudden change in stand, he said, "He was misquoted. He had said we may and may not oppose the bail. It is our perogative." 17:15(IST) 17:03(IST) Kanhaiya Kumar's plea will not be heard on Friday.
After another day of high drama, it turns out that Kanhaiya Kumar's bail plea will not be heard in the High Court today, as an additional application in the case is yet to be filed, ANI reported. This means that the JNU students' union president will continue to be in jail for now.
16:38(IST) SAR Geelani's bail plea dismissed
According to reports, the bail plea of SAR Geelani, former Delhi University professor, was rejected by the Patiala House court.
Now, laywers in Jammu and Kashmir protest against 'anti-national' activities 15:48(IST) Kanhaiya Kumar's advocates escorted by police
Advocates Vrinda Grover and Sushil Bajaj, while filing bail application of Kanhaiya Kumar in the High Court, were escorted by police, according to
ANI. 15:37(IST) 15:35(IST) Kanhaiya Kumar files bail petition in Delhi HC
ANI, JNUSU president Kanhaiay Kumar has now filed his bail plea in the Delhi High Court. 15:33(IST) 'It's natural to get angry.'
Another lawyer protesting in the march made this profound statement over the attack on journalists: "If anyone abuses one's mother, won't you feel angry? It is natural to get angry."
15:28(IST) 'We are not goons, we are lawyers.'
One of the lawyers protesting in the march from Patiala House court to India Gate said, "We are not goons. We are lawyers. We want to tell the media that we are protesting against the anti-national activities."
"The people involved in earlier incidents were not lawyers," he further said.
Meanwhile, the jingoistic protest outside Patiala House court continues.
15:24(IST) Don't threaten children with charges of sedition: Shashi Tharoor
In an interview to
CNN-IBN, Congress MP Shashi Tharoor said, "I am shocked about this (the action against the JNU students). India is not so feeble that it will be destroyed by students shouting slogans."
He also said that the Centre and RSS were trying to impose their ideology upon universities. "Don't threaten children with charges of sedition. It denies them the possibility of evolution. It denies them the opportunity to come up with all sorts of ideas in a university," he said.
"I'm proud of the nation. This flag stands for freedom, democracy and social justice rather than petty, jingoistic feeling," he said.
15:16(IST) ' Pakistan murdabad' slogan heard at lawyers' protest
Bharat mata ki jai', ' Vande Mataram' slogans were heard along with ' Pakistan murdabad' as the lawyers marched from outside the Patiala House court. 15:12(IST) 15:12(IST) Lawyers march outside the Patiala House court
The protest outside the Patiala House court escalated as the lawyers began marchin in support of Vikram Singh Chauhan.
15:03(IST) 'Thank JNU' banners raised along with ISIS flags in Kashmir
Meanwhile, a clash between police and protesters took place in Srinagar, Jammu and Kashmir, in which 'Thank JNU' banners were raised along with Islamic State flags.
14:52(IST) Lawyers protest in support of Vikram Chauhan outside Patiala House court
Times Now, lawyers are now protesting in support of Vikram Chauhan, the lawyer who had assaulted journalists and activists earlier near the Patiala House court. 14:31(IST) Kanhaiya bail hearing: Restricted entry in HC
Delhi High Court restricted entry for mediapersons and others before hearing Kanhaiya Kumar's bail plea which was earlier rejected by the Supreme Court. Vrinda Grover, Kanhaiya's lawyer told mediapersons that they are asking the High Court for urgent hearing in the case.
14:03(IST) Kanhaiya was injured during PH court scuffle
A report in
said that the medical report of Kanhaiya Kumar confirmed that the JNUSU leader did get injured during the scuffle at the Patiala House Courts earlier this week. The Hindustan Times A day after Delhi police commissioner BS Bassi told The Hindustan Times that the arrested JNU student’s union leader Kanhaiya Kumar was not assaulted in the Patiala House court by rampaging lawyers, a medical report showed signs of injury on his face and feet.
The medical report, a copy of which is with Hindustan Times, said that “2-3 abrasions were present on Kanhaiya’s left foot.” The report also noted a “tenderness present on the right toe”. 13:57(IST) Patriotism is in my blood: Rahul Gandhi on JNU row
Congress vice-president Rahul Gandhi said he did not need lessons on patriotism from RSS and BJP, which have accused him of supporting "anti-nationals" over the JNU row.
"I don't need to take lesson from BJP and RSS.... Rastrabhakti mere khoon me hai (Patriotism is in my blood)," Rahul said when asked about his support to JNU students and the protests by BJP.
13:28(IST) Mujhe isse koi fark nahi padta: BS Bassi on his removal as a CIC probable
Speaking to reporters on Friday, Delhi Police Commissioner BS Bassi said that it does not make any difference to him if he is dropped from the nominations for Chief Information Commissioner.
Following bad handling of the crisis in JNU, reports said that Bassi's name has been dropped as a CIC probable.
Times Now reports that Delhi Police has opposed to bail plea filed by former Delhi University professor SAR Geelani. 13:12(IST) Bassi's name dropped from CIC probables
Delhi Police Commissioner BS Bassi's candidature has been dropped for the post of Information Commissioner, news reports said on Friday. The government had shortlisted Bassi for the post of Chief Information Commissioner, which had three vacancies. The committee that appoints the CIC is headed by PM Modi and also includes Finance Minister Arun Jaitely and Leader of the Opposition Mallikarjun Kharge.
The move comes days after the attack on JNUSU leader Kanhaiya Kumar, his lawyers and mediapersons by goon lawyers on Wednesday and Thursday. Bassi and his team's inaction was widely criticised and the Centre was slammed for promoting the Delhi Police Commissioner as the CIC. 12:58(IST) SC intervention will set a dangerous precedence
"You are leading a dangerous proposition. If this court will entertain it, it will become a precedent which will be available to all the accused in the country. Wherever there will be sensitive cases involving political persons or prominent persons or others...you know the atmosphere in the court.
"So in every case if it is said that Supreme Court is only the court, it would be a dangerous precedent," a bench comprising justices J Chelameswar and A M Sapre said.
Further, it said, "Remember, this is not the only case of this type."
While transferring the bail plea of Kanhaiya, who has been charged with sedition, the bench took an assurance from Solicitor General Ranjit Kumar that in the "prevailing extraordinary situation" pertaining to this matter, the Government of India and the Delhi Police Commissioner would provide adequate safety and security to the accused and a stream of lawyers who will be appearing in the High Court.
PTI 12:54(IST) IIT-Bombay condemns state's overreach in educational institutions
Meanwhile, IIT-Bombay condemned the "overreach" of the State in various educational institutions. The faculty alleged attempts to stifle dissent and suppress differences and has come out in support of agitating JNU students, saying the State should not dictate meaning of "nationalism".
"The State cannot dictate on the many meanings of what it is to be 'Indian' or mandate the meaning of 'nationalism'. Rather, the State should be the one that makes sure that multiple ways of imagining one's relationship with the nation are allowed to flourish especially when it might contradict dominant ways of thinking," the faculty members said in a joint statement.
"We are deeply concerned with the recent events that have undermined the autonomy of institutions of higher education in this country. We believe that these institutions are spaces of critical thinking and expression. Matters of contention that might arise in the conduct of intellectual and social engagements need to be addressed democratically and rationally," it said.
The statement, signed by 42 teachers of the premier institute, said, "These methods in turn should be within the purview of institutional procedures that are responsible and accountable. We condemn the overreach of the State in the recent incidents in a number of institutions and the attempts of the right-wing to stifle dissent and suppress differences."
It reflects the stand of the signatory teachers and not the institution, it said.
PTI 12:51(IST) 'Extremely disappointed': JNU students react to SC refusing to hear Kanhaiya's bail plea
Shehla Rashid VP of JNU students' union, who is leading the protest said, "We are extremely disappointed. We expected that the Supreme Court will intervene the matter and we will get relief. There is a fear of mob frenzy and it would have been best if the apex court itself would have heard the plea. We are really concerned about Kanhaiya's security."
As told to Shishir Tripathi 12:49(IST)
We didn't attack media, we condemn that: Vikram Chauhan 12:39(IST)
We didn't attack media, we condemn that: Vikram Chauhan 12:32(IST)
The lawyer who attacked being garlanded : what more can one say 12:31(IST) Straight from the court
Arguing for Kanhaiya, senior advocate Raju Ramachandran told the Supreme Court that the petitioner bypassed the lower courts as it was the matter of his security and his life was threatened. Supreme Court bench observed that the same bar council members could easily come to the premise of the apex court as well, "What will you do then?"
Additional Solicitor General Ranjit Kumar intervened and said that they are not discussing the merit of the case but they are worried about the security of Kanhaiya and his lawyers. Eminent lawyer Soli Sorabjee at the end stood up and reiterated Ramachandran's fears.
But the court was not satisfied.
As told by Tarique Anwar 12:21(IST)
Kanhaiya's lawyer Vrinda Grover has told reporters that they will try to move High Court seeking bail for the accused by 2pm today 12:19(IST) Entry of journalists in HC will be regulated: SC
Counsel for all parties will be permitted in the High Court but entry of others including journalists would be regulated by Registrar General of High Court, the Supreme Court said on Friday.
Supreme Court also asked the government to ensure saftety and security of the counsel representing different parties.
12:17(IST) Students are disappointed but haven't lost heart
Cautious optimism is what JNU students are holding on to. Speaking to
CNN-IBN, students agitating against Kanhaiya's arrest said that supporters of Kanhaiya everyday come to the campus at around 11 am and urge the government to release the JNU students' union leader.
SC's ruling is a setback for sure, but the students still have hope. Kanhaiya's lawyers have said that they will approach the High Court today seeking bail.
12:13(IST) SC allows Kanhaiya's lawyer to amend the petition
Supreme Court agreed that the situation in Patiala House Courts is not proper. However, the top court rejected the petition that extraordinary situation led to moving the court for bail directly and added that it will create a situation where accused from across the country will approach it.
The apex court asked the High Court to expeditiously hear the bail plea of Kanhaiya Kumar. The Suprem Court also allowed Kanhaiya's lawyer to amend the petition.
12:09(IST) Tharoor to move private member’s bill against sedition
Congress MP Shashi Tharoor on Thursday declared intentions to move a private members bill in Parliament seeking that one should not be charged with sedition until he or she advocates violence.
"I will move a private members bill against sedition. Until someone advocates violence.., talks about physical violence, one should not be charged with sedition," Tharoor told reporters in Indore on Thursday. 12:08(IST) Will move High Court today: Kanhaiya's lawyer
After Supreme Court refused to hear Kanhaiya Kumar's bail plea, his lawyers said that they will move the High Court today. The apex court also directed the Delhi Police and the government of India to ensure safety of the accused and his lawyers.
Supreme Court said they don't want to set a wrong precedent by hearing this bail plea.
SC directs government of India to ensure Kanhaiya's security 11:58(IST)
Ensure Kanhaiya's security: SC 11:56(IST)
If Kanhaiya Kumar's lawyers don't approach the High Court seeking bail today, the JNU students' union leader will spend the weekend in the prison.
SC tells Kanhaiya to approach High Court for bail 11:49(IST) SC takes a middle ground
Kanhaiya's lawyers had put forth the plea that the way Kanhaiya was treated on the court premises raised serious concerns over his security.
The court accepted lawyers Vrinda Grover, Raju Chandran and Soli Sorabji's concerns that layers are being attacked but refused to consider the bail plea saying that it will be a violation of the judicial process.
Days after the Supreme Court took a serious view of the violence that prevailed at the Patiala House Court complex, it appears to have taken a middle ground approach. This can be guaged from the fact that the apex court has also said that Patiala Court House should also not hear the case.
Supreme Court has refused to hear Kanhaiya's bail plea and has asked him to approach High Court.
The Supreme Court also said that if it hear the bail plea, the message will go out that other courts are incapable.
11:37(IST) Why approach us, asks Supreme Court
As noted earlier, it is quite strange for an accused to bypass lower courts and seek bail directly from the top court. But according to the lawyer of Kanhaiya, the way the accused was harassed on his way to the Patiala House Courts complex, raised serious concern on his security.
Supreme Court says once enough security is provided to the accused (Kanhaiya) and his lawyer, there should be no problem appearing at Patiala House Courts.
11:28(IST) Senior journalist Rajdeep Sardesai says I am anti-national
Rajdeep Sardesai, who has long been the whipping boy of jingioistic right-wing elements —both online and offline — has ignited a controversy after writing an article titled 'Yes, I am anti-national'. His article has come in the backdrop of a heated debate and physical assault over allegations that students and mediapersons are engaging in 'anti-national' activities.
In a strong rebuttal to people attacking for his views, Sardesai said, "Yes, I am anti-national because I don't believe in doublespeak on issues of nationalism." He went on to raise a number of controversial issues, including the beef ban, criminalisation of homosexuality and the death penalty.
Delhi Police has not sought extension of police remand for Kanhaiya Kumar
11:17(IST) Manohar Parrikar blames lack of values in students
Speaking to ANI, the Union Defence Minister said that the crisis in JNU is because the lack of values in the students.
Protesting students in New Delhi were seen selling T-shirts with 'Mera Yaar Kanhaiya' for Rs 150.
Watch this video. VIDEO 11:08(IST) SC begins hearing of Kanhaiya's bail plea
CNN-IBN, the court is jam-packed and the situation is normal around the court premises.
High-profile, well-known lawyers are representing Kanhaiya Kumar. Soli Sorabjee rarely appears for a bail matter. The lawyer mostly represent for Constitution-related cases, reports said.
11:05(IST) Kanhaiya's speech from 9 Feb was doctored to fuel anti-national debate?
India Today reported that there's a possibility that the video of Kanhaiya Kumar's speech from 9 February was doctored to fuel an anti-national debate.
In the video, Kanhaiya is flanked by Umar Khalid, who's now being called by the Delhi Police as the mastermind of the anti-India, pro-Afzal event at the university on 9 February.
The new video was shot on 11 February, two days after the now infamous anti-India event, which was organised by the Democratic Student's Union. This video has gone viral on social media and is being played up aggressively by some Hindi and English news channels.
BJP spokesperson Sambit Patra had played the video during a TV debate as "clinching evidence" of Kanhaiya's "anti-national" activities on the JNU campus. The video showed Kanhaiya at a rally, shouting slogans endorsing freedom for Kashmir, including "Hum lekar rahenge… azaadi."
While ABP News showed footage of the “original video”, on which audio was allegedly superimposed, India Today TV showed three videos: the one which is now believed to be fake, the "original" Kanhaiya video and a third video in which the audio of unidentified people shouting slogans for freedom of Kashmir was superimposed.
11:00(IST) Not opposed to Kanhaiya's bail: Bassi
Police Commissioner BS Bassi has said that the Delhi Police will not be opposed if JNUSU leader Kanhaiya Kumar gets bail after today's Supreme Court hearing.
10:57(IST) Soli Sorabjee to represent Kanhaiya
According to reports, Supreme Court hearing of Kanhaiya Kumar's bail plea started minutes before. CNN-IBN reports that Soli Sorabjee will be arguing Kanhaiya's case in the apex court.
Kanhaiya on Thursday took the unusual step of filing a writ petition in Supreme Court seeking bail, saying violence unleashed by a section of lawyers in the Patiala House Courts complex had disrupted the justice delivery mechanism and posed a grave threat to his life.
Usually, an accused demands bail from a trial court first. If denied, he moves the High Court, keeping the Supreme Court as their last option. The attacks, both on Monday and Wednesday, appears to have spurred Kanhaiya's lawyers to take the step of bypassing the lower courts and directly seeking apex court's help.
Jawaharlal Nehru University (JNU) students' union leader Kanhaiya Kumar on Thursday moved the Supreme Court for bail. In his application, the JNUSU president sought protection of "life and limb", saying there is "great likelihood of attack on him in prison".
The bail petition, which was filed in the Supreme Court on Thursday said:
"...in light of the highly violent and surcharged atmosphere at the patiala house courts, posing a grave threat to the life of the petitioner, his counsels and possible sureties."
The petition was filed under Article 32 of the Constitution. Kanhaiya's plea says that the way he was harassed when he was taken to the Patiala House Court (twice) is in clear violation of fundamental right to access to the justice system. "This Petition therefore raises issues regarding the violation of rights under Article 21."
Senior lawyer Raju Ramachandran filed the bail petition on behalf of Kanhaiya on Thursday.
ANI quoted Ramachandran as saying, "Now Soli Sorabjee will lead us." Kumar's mother Meena Devi also raised concern for her son's security in prison and slammed the attack on her son in the Patiala House Court premises and questioned who will be responsible if he dies in custody.
"I am not a terrorist's mother. I know it will be proved some day but until then if my son dies in custody, who will be responsible for it? They can call Kanhaiya a threat to nation but cannot protect him from other threats?" his mother Meena Devi told
PTI from Bihar over phone.
"What if he had died that day and it was proved later that he was innocent? Will the government give me my son back then? They acted so fast on complaint against my son but they haven't arrested anyone for the attack on Kanhaiya in court," she added.
Here is the full text of the bail petition filed by Kanhaiya Kumar.
Kanhaiya Kumar v. State of NCT of Delhi