lawyers at Patiala House courts went on a rampage for the second day on Wednesday, forcing an intervention by the Supreme Court, which indicated that the trial against JNU Students’ Union president Kanhaiya Kumar may be shifted elsewhere. This came after a team of senior lawyers sent by the SC reported that despite police protection, the accused was not safe on the Patiala Courts complex.
The SC had issued detailed instructions to ensure safety during the hearing of the sedition case after lawyers beat up journalists, JNU students and teachers on Tuesday.
During a hearing on the plea of JNU students, teachers and journalists on Wednesday, the SC issued orders to restrict entry of lawyers, journalists and people associated with the accused inside the courtroom.
The Bench of Justices Chelameswar and Abhay Manohar Sapre which dealt with the case observed at the end of the day, “Can proceedings continue in this situation.” The Bench mulled shifting the trial to another court.
However, it decided to wait for the report on Wednesday’s violence from Delhi Police, Delhi High Court Registrar-General and a six-member team of senior advocates who visited Patiala House courts at the behest of the SC to try to defuse the situation.
While Delhi Police will submit its report to the SC by Friday, the lawyers’ committee and Delhi HC Registrar-General will give separate reports by Thursday 2 pm, when the matter will be heard next.
Earlier, the SC Bench took up the petition by a JNU alumnus ND Jayakumar to ensure fair trial and adequate protection for lawyers, students and teachers of JNU and journalists taking part in the trial.
Giving police instructions to take all necessary steps to ensure law and order, neither the judges nor the lawyers had any inkling about the impending violence. Even thought there was a little commotion when a lawyer shouted “Vande Mataram,” he apologized after the Bench warned him.
The court said an atmosphere was developing where people cannot tolerate each other’s right to opinion and warned that such situations need moderation.
However, a little after 2 pm news came in of protests, stone-pelting and sloganeering by lawyers of Patiala House courts when Kumar was produced before the Metropolitan Magistrate.
Senior advocates Indira Jaising, Raju Ramachandran and Prashant Bhushan rushed to the SC seeking its intervention. The Bench suspended hearing of other cases and summoned senior advocate Ajit Kumar Sinha who was appearing for Delhi Police. Sinha tried reaching top police officials but to no avail. The court then asked a six-member team comprising senior advocates Rajeev Dhavan, Kapil Sibal, Dushyant Dave, Ajit Sinha, Harin Raval and ADN Rao to rush to Patiala House and report the ground situation.
On their return at 4 pm, the lawyer’s panel told the SC: “The atmosphere is unprecedented, one of fear and despite court orders it is our collective view that police did not do their job.” The team claimed they were abused and stones, water bottles and a flower pot were hurled at them.
The Registrar-General of Delhi HC who was present at the trial, told the visiting lawyers that Kumar was hit by a man in the courtroom while in police protection and no action was taken by the police.
Meanwhile, Kanhaiya Kumar was on Wednesday sent to judicial custody till March 2. Metropolitan Magistrate lovleen gave the ruling after Delhi Police said it did not need him any more for interrogation.
Defence counsel Vrinda Grover requested the court to provide adequate safety to Kumar inside the jail, expressing apprehension about a threat to his life.
Grover submitted that one man wearing sunglasses and a black coat entered the corridor of the courtroom where Kumar was to be presented and hit the student leader.
Earlier, Kumar was attacked by 20-25 people despite the presence of 400 policemen when he was escorted to the court. The mob also attacked the policemen escorting Kumar.
The court immediately got Kumar examined by the doctor at the Patiala House dispensary in the presence of a Magistrate. He doctor said that Kumar had received abrasions on his body and one leg injury.
Apart from Grover, JNU faculty, Himanshu was also allowed inside the courtroom by the SC. Himanshu identified the man who attacked Kumar and said the man argued with Delhi Police after the attack and escaped. After this, the court directed police to arrest the man who attacked Kumar.
Grover told the court that police allowed the attackers to run away. She requested court to take action against Delhi Police for its failure in maintaining law and order.
The court asked Kumar to record a statement on the incident and directed senior police officials and Tihar jail superintendent to submit a report regarding security of Kumar inside the jail premises by Thursday.