After multiple postponements, the Delhi High Court on Wednesday granted an interim conditional bail to Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar for six months in the sedition case.
However, while granting bail, the court stated that thoughts expressed by the student union leader were like an infection and directed Kanhaiya to give an undertaking that he would not get involved in any anti-national activity from now on and the student leader must also ensure that no seditious activity takes place on the campus.
However, Kanhaiya, who has already spent two weeks in Tihar Jail, will be freed on Thursday as the HC’s order was delivered late in the evening.
Sources in Tihar Jail said the court orders have not been received yet and the gates of Tihar were closed at 7 pm in accordance with the Jail Manual after the physical counting of inmates.
Justice Pratibha Rani also directed Kanhaiya to cooperate with the Delhi Police in the ongoing investigation as and when required by the Investigating Officer (IO).
Kanhaiya will furnish a bail bond of Rs 10,000 and a surety of like amount, which a JNU faculty member took the responsibility of furnishing. The HC also asked the faculty member to ensure that Kanhaiya’s thoughts and energy get channeled in a constructive manner. Further, the court asked Kanhaiya to furnish an undertaking that he would not violate any of the conditions mentioned in the bail order.
The HC also stated that the thoughts reflected in some of the slogans raised by JNU students can’t be considered to be protected under Fundamental Rights.
“Freedon of speech is guaranteed to the citizens of this country under the Constitution of India to follow their own ideology or political affiliation within the framework of our Constitution,” she said.
“The kind of slogans raised by the students may have a demoralizing effect on the families of those martyrs who return home in a coffin draped in the Tricolour.
“Suffice it to note such persons enjoy the freedom to raise such slogans in the comfort of the university campus without realising that they are safe because our forces are there in the battlefield situated at the highest altitude of the world, where even Oxygen is so scarce, that those who are shouting anti-national slogan holding posters of Afzal guru and Maqbool Bhatt close to their chests, honoring their “martyrdom”, may not be even able to withstand those conditions for an hour.”
The Judge observed that, “I consider that this is a kind of infection from which such students are suffering , which needs to be controlled before it becomes an epedemic.
“The faculty of JNU also has the play its role in guiding them to the right path so that they can contribute to the growth of the nation.
“During his time in judicial custody he might had introspected about the event that had taken place. To enable him to remain in the mainstream, at present I am inclined to provide conservative method of treatment,” she said.
During the case proceeding, Kanhaiya’s counsel argued that the student leader had never raised any slogans against the nation, which the Delhi Police countered this claim stating there was evidence that he and others were shouting anti-India slogans and were holding Afzal Guru’s posters.
The prosecution also submitted that Kanhaiya was “not cooperating” in the investigation and even came out with “contradictory” statements in joint interrogation by the Intelligence Bureau (IB) and Delhi Police.
On this, defence lawyer Kapil Sibal submitted that the allegations were false and said there were “some outsiders with covered faces who raised anti-India slogans and Kanhaiya was seen in the CCTV footage asking them for their identity cards.”
Kanhaiya had sought bail claiming that he had not raised any anti-India slogans but the Delhi Police had maintained before the HC that they have evidence to show that the accused had raised anti-national slogans.