New Delhi: The Supreme Court Friday refused to hear the bail plea of Kanhaiya Kumar, the JNUSU president who was arrested on sedition charges for allegedly raising anti-national slogans.
The top court directed the matter to the Delhi High Court. It observed that hearing Kanhaiyas bail plea directly would open floodgates of such requests in the future. The court agreed that Kanhaiyas bail hearing may not be possible at the Patiala House Court and that he may approach the HC.
The court also told the Centre and the Delhi Police to ensure the safety of Kanhaiya to which the governments counsellor agreed. In his bail petition, Kanhaiya said there is repeated breakdown of law and order at the Patiala House Courts despite directives of the apex court, making it impossible for him and his lawyers to approach the sessions court for bail.
The Court noted that assuming exclusive jurisdiction over the case will send a wrong impression to lower courts that they are “incapable” of handling it.
“I personally believe that if we hear this matter, we will give the impression that other than the Supreme Court other courts are incapable of handling this situation,” Justice J. Chelameswar observed.
Agreeing with Kumar’s lawyer that apprehension to the life and security of the student, his lawyers and journalists is not “fanciful” but genuine, the Bench, also comprising Justice Abay Manohar Sapre consciously restrained itself from hearing the bail on the ground of constitutional decorum and mutual respect to their judicial fraternity in the Delhi High Court.
“The Delhi High Court is a constitutional court also,” Justice Chelameswar said.
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