A Delhi court on Tuesday warned an advocate, who sought to lodge an FIR alleging that anti-national slogans were raised in Delhi University’s Ramjas College in February, against mixing the incident with Jawaharlal Nehru University (JNU) case, in which sedition charges were slapped against some students.
The JNU incident of February last had hogged the limelight after the arrest of its student leaders, including then JNU Students’ Union president Kanhaiya Kumar, while the Ramjas case involved raising of slogans and a clash between the students owing allegiance to the ABVP and Left organisations — All India Students’ Association (AISA) and Students Federation of India (SFI).
Different cases
“The Delhi Police FIR is not a precedent for me. It is not binding in this case, nor is it a Supreme Court ruling. The JNU charge sheet is not relevant in this case. These are two different cases. Do not mix the JNU matter with the DU case,” Metropolitan Magistrate Abhilash Malhotra said.
The court’s remarks were aimed at advocate Vivek Garg, who had raised the Ramjas incident and sought directions from the police to supply him a copy of the charge sheet filed in the JNU matter. The court, however, could not hear arguments due to absence of the police officer concerned and posted the matter for arguments on the ingredients of sedition charge for September 14.
“ACP Pankaj Gupta has sought exemption from appearance due to official duties. Put up for arguments on September 14,” the Magistrate added. Mr. Garg, who could not argue on Tuesday, submitted before the court that he needed the JNU charge sheet as it was not available on the Internet. “We need a copy of the FIR also to argue in this case.”
Sedition charges
The court had last month observed that sedition charges cannot be pressed on the basis of an unauthenticated and unreliable video, after it was shown footage of the alleged “anti-national” slogans at Ramjas College in February. The Magistrate said the authenticity of the video had to be ascertained by the police.
“The authenticity of the video is not established. What is the source of this video? On the basis of unreliable material, how can we press charges of sedition? You have to be confident of the authenticity of the video,” the court told the complainant, while pointing towards the existence of several doctored videos in circulation.
“Tomorrow if AISA and ABVP clash again, will it be termed as sedition? There are many doctored videos circulated on WhatsApp. These have to be verified,” it observed.
The court was hearing Mr. Garg’s plea seeking a separate FIR into the alleged anti-national slogans raised by members of student groups AISA and SFI at Ramjas. The plea, which sought registration of an FIR for alleged offences of sedition, criminal conspiracy, waging war against the State and defamation under the IPC, also demanded action against Delhi Police officers for not lodging the complaint.
The police had last month submitted an action taken report in the matter and said they were examining students and teachers to identify the culprits involved in the Ramjas clash. In the report, the police said they had lodged an FIR at Maurice Nagar police station on February 22 for the alleged offences of rioting and obstruction, and causing hurt and assault to deter public servant from discharging duty.