The wait for sanction for prosecution of former JNU president Kanhaiya Kumar and others in the sedition case continues with the city police on Monday once again seeking more time from a Delhi court to fulfil the mandatory obligation.
Section 196 of the Code of Criminal Procedure states that no court shall take cognisance of any offence punishable under Chapter VI of the Indian Penal Code (IPC). Section 124-A (sedition) of the IPC, under which the accused have been charge-sheeted, is placed under this chapter.
The probe agency informed Chief Metropolitan Magistrate Deepak Sherawat that it would take another two-three months to get the sanction from the Delhi government.
Stating that he would go ahead with the case, Mr. Sherawat told the police that they could have filed the chargesheet with the prosecution sanction.
Report sought from DCP
Posting the matter on March 29, Mr. Sherawat asked the Deputy Commissioner of Police dealing with the case to file a report.
The probe agency are prosecuting them for allegedly raising anti-India slogans on the university campus in 2016.
The Magistrate had on January 19 refused to take cognisance of the chargesheet against the accused, stating that the police filed it without sanction for prosecution.
The police had then promised to get the required sanction within 10 days.
He had pulled up the Delhi government last month for sitting over the police’s application for sanction.
“After filing of the chargesheet, no department can sit on its hands with the file with regard to the sanction. The department concerned can do well to speed up the matter regarding the sanction,” he had said.
The accused in the case have been charge-sheeted under Sections 124A (sedition), 323 (voluntarily causing hurt), 465 (forgery), 471 (using as genuine, forged document), 143 (punishment for unlawful assembly, 149 (unlawful assembly with common object), 147 (rioting) and 120B (criminal conspiracy) of the IPC.