The Delhi Police on Wednesday said it is to seek police custody of JNU Students’ Union president Kanhaiya Kumar, who is in judicial custody in Tihar Jail for 14 days in a sedition case, for his interrogation and cross examination along with two accused JNU students Umar Khalid and Anirban Bhattacharya who surrendered to police on Tuesday night.
The matter was thus posted to February 29 for further hearing. Also, the court directed police to ensure the safety of Kanhaiya, Umar and Anirban during the remand proceedings and said it should be conducted in confidentiality.
The hearing, in the Bench of Justice Pratibha Rani, was set for Kanhaiya’s bail plea but took another turn when the prosecution asked for his police custody after filing the status report.
According to the status report filed, Kanhaiya had not only participated in the February 9 event where anti-national slogans were raised on JNU campus but had “actually organised” the event.
Tushar Mehta, Additional Solicitor General, in his submission said now the scenario has changed and interrogation of the three has to take place.
“In view of the changed scenario that the two co-accused persons namely Umar and Anirban have surrendered, the investigating agency wants to file an application seeking police custody of the Kanhaiya as period of fifteen days from the date he was remanded to judicial custody that has not expired so far,” Mehta submitted.
Senior advocate Kapil Sibal, who was representing Kanhaiya, contended that as per the status report filed by the Delhi Police, in pursuance to the court’s direction on Wednesday, there was no evidence of any anti-India slogans being raised by his client.
“I would like to tell the court that in the light of the status report filed by police, there is no evidence of anti-India slogans raised by Kanhaiya. So he should be granted bail,” Sibal said.
On the demand of police for further police custody of Kanhaiya, Sibal further submitted that in order to let the investigation agency do a fair investigation, the application of police remand should be contested before the Magistrate. He said police may be directed to inform Kanhaiya about the date and timing when it files an application.
The court thus directed that since the petitioner apprehends serious threat to his life during his production in the Court for conducting remand proceedings, the bail application has been transmitted to this Court by the Supreme Court the Registrar General was directed to depute a Metropolitan Magistrate for this purpose. The court also directed DCP South, who was present in the courtroom, to co-ordinate with the Registrar General.