The Supreme Court on Monday allowed arrested JNU Students’ Union president Kanhaiya Kumar get access to the separate reports prepared by the Delhi Police, the Delhi High Court and the six-member lawyers’ panel formed by the apex court on the alleged injury caused to him by lawyers while in police custody at Patiala House courts.
Dealing with the allegations and counter-allegations contained in the reports, the Bench of Justices J Chelameswar and Abhay Manohar Sapre thought it fit to allow Kumar’s counsels to have access to the sealed cover reports and invited their response to the same by March 10, the next date of hearing.
Solicitor-General Ranjit Kumar, who appeared for the Centre and the Delhi Police, did raise an apprehension that there was likelihood that the accused can use the Delhi Police report to argue his bail in the Delhi High Court on Tuesday. His lawyers argued that the only issue that concerned them was to restore the dignity of the court and to see how court’s orders passed on February 17 — the date of incident — was flouted by authorities, who failed to protect the safety of the accused even while in custody.
The Bench clarified that the concern of the court to call for reports was to understand how its orders were allowed to be violated. This became clear as a request by Karkardooma Court Bar Association members to join the proceedings was declined. Since the Bar had garlanded the lawyer who is accused of organising lawyers to attack Kumar, the lawyers’ body wanted to put forth its stand. The Bench said those events were post-incident of which they were not concerned.
The Bar Council of India Chairman Manan K Mishra informed court that a three-member panel has been formed headed by a retired High Court Chief Justice to enquire into the alleged excesses by lawyers. But with the matter shifting to March 10, Mishra sought clarification whether it should await court’s order or pursue with probe. No response was forthcoming as the Bench said, “We are not saying anything on it now. let all the concerned receive reports.”