JNU ‘sedition’ case yet to get govt sanction
TNN | Jan 18, 2019, 09:42 IST
FLASHBACK: A large section of the student community had come out in support of the JNU students accused of seditionNEW DELHI: The chargesheet filed by Delhi Police in the JNU ‘sedition’ case appears to have run into a roadblock as the Delhi government is yet to give its sanction for prosecution. Kanhaiya Kumar and nine others have been charged in the case. The Criminal Procedure Code lays down that for offences against the State (like waging war against the Government of India, sedition etc.), the court cannot take cognisance of the police’s chargesheet without sanction from the home department.
In this case, the police has invoked section 124A of IPC relating to the charge of sedition against Kanhaiya Kumar and other JNU students.
The Delhi government is yet to take a call and is seeking legal opinion on the request for prosecution sanction, said sources. TOI spoke to several officials and there seemed to be a lack of clarity on whether the lieutenant-governor or the home minister was authorised to take a call on the matter. However, sources confirmed that as per practice, the file will eventually be sent to the LG though the political executive has been citing the Supreme Court Constitution Bench verdict to argue that the minister is the final authority in case of anything related to prosecution.
The file had been forwarded to the law department which is likely to give its opinion before the matter is taken up for consideration. Since the prosecution sanction has been sought after the police has already filed the chargesheet, the law department’s opinion has become important, sources said.
An official pointed out that since the government had not given such a sanction in recent years, it wanted to involve the law department to ensure that the charges were substantiated. Police sources claimed that prosecution sanction was not required for filing of the chargesheet and they have mentioned in the chargesheet that sanction was awaited.
However, if the government denies sanction — which is unlikely as the chargesheet has already been vetted by the prosecution department — the trial won’t get initiated and the police will ask the court for necessary instructions.
Legal sources explained that sedition was punishable under Chapter VI of the Indian Penal Code which deals with offences against the State. “A court cannot take cognisance of any such offence without the sanction of the Central Government or the state government,” an official said.
The sources also said that the police had applied for a sanction in 2016 as well and this was the second request. A court is set to hear the matter on January 19. The police was likely to approach the LG’s office or even the ministry of home affairs if sanction is further delayed.
“In this matter, the final call will anyway be taken by the LG after the home department gives or denies sanction. So, the police will get the sanction sooner or later,” said a top official.
In this case, the police has invoked section 124A of IPC relating to the charge of sedition against Kanhaiya Kumar and other JNU students.
JNU case: Delhi Police charge Kanhaiya Kumar, others with sedition
The Delhi Police filed a chargesheet on Monday against former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar and others in a sedition case lodged in 2016. Police have also charged former JNU students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans
The Delhi government is yet to take a call and is seeking legal opinion on the request for prosecution sanction, said sources. TOI spoke to several officials and there seemed to be a lack of clarity on whether the lieutenant-governor or the home minister was authorised to take a call on the matter. However, sources confirmed that as per practice, the file will eventually be sent to the LG though the political executive has been citing the Supreme Court Constitution Bench verdict to argue that the minister is the final authority in case of anything related to prosecution.
The file had been forwarded to the law department which is likely to give its opinion before the matter is taken up for consideration. Since the prosecution sanction has been sought after the police has already filed the chargesheet, the law department’s opinion has become important, sources said.
An official pointed out that since the government had not given such a sanction in recent years, it wanted to involve the law department to ensure that the charges were substantiated. Police sources claimed that prosecution sanction was not required for filing of the chargesheet and they have mentioned in the chargesheet that sanction was awaited.
However, if the government denies sanction — which is unlikely as the chargesheet has already been vetted by the prosecution department — the trial won’t get initiated and the police will ask the court for necessary instructions.
Legal sources explained that sedition was punishable under Chapter VI of the Indian Penal Code which deals with offences against the State. “A court cannot take cognisance of any such offence without the sanction of the Central Government or the state government,” an official said.
The sources also said that the police had applied for a sanction in 2016 as well and this was the second request. A court is set to hear the matter on January 19. The police was likely to approach the LG’s office or even the ministry of home affairs if sanction is further delayed.
“In this matter, the final call will anyway be taken by the LG after the home department gives or denies sanction. So, the police will get the sanction sooner or later,” said a top official.
All Comments ()+^ Back to Top
Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. Help us delete comments that do not follow these guidelines by marking them offensive. Let's work together to keep the conversation civil.
HIDE