In a tactical shift from his earlier stance, Delhi Police Commissioner BS Bassi on Tuesday said the police would oppose the bail plea of Kanhaiya Kumar, the president of Jawaharlal Nehru University Students’ Union (JNUSU) in Delhi High Court. Bassi justified the change in the police’s strategy by saying it was due to “change in circumstances”.
The HC asked the police to file the status report of its investigation in the sedition case by Wednesday after which it would take further action of appointing the counsel.
Kanhaiya Kumar’s bail application will now be heard on Wednesday. In his bail plea, Kumar, who is charged with sedition and criminal conspiracy, claimed that he was wrongly arrested on the basis of a First Information Report, which lacks any evidence to book him under such a serious charge.
Opposing Kumar’s bail plea, the Delhi Police contended that the student leader could tamper with evidence once set free on bail.
“We have reasonable apprehension that if he (Kumar) comes out on bail, he is bound to impact the investigation and influence witnesses. He is also likely to indulge in activities that are violative of penal laws. That is why we have opposed grant of bail to Kanhaiya Kumar and shall oppose it further too,” Bassi added.
Bassi had earlier asserted that the police would not oppose Kanhaiya Kumar’s bail, maintaining that a young man like him should be given another chance. However, Bassi on Tuesday justified his move by saying, “The circumstances when I said so, have totally changed.”
Bassi further said, “Kanhaiya Kumar showed repentance on his part when he issued an appeal on the day he was produced before a court but later denied having issued any such appeal and made certain allegations which were false.”
“There is no doubt that seditious speeches and slogans were raised at the event concerned. We also know that some involved in it, who went absconding soon after, have now returned. At this point, there is no imminent threat to life and property, for which we are working with patience. For every job we do, our tactics are dynamic,” Bassi said.
Earlier, the police chief had said, “Today, we can afford to wait for them (the five students) to regain some ‘sadbuddhi’ (better sense) and cooperate with the police. If we feel that they are unlikely to abide by the law, we have options available.”
It may be noted that Bassi on Monday had said the final call would be taken by the Investigating Officer of the case and whether to enter the university’s campus or not would be the decision of DCP (South) Prem Nath who is heading the probe.
Meanwhile, high drama was witnessed in the HC after Delhi Police expressed no-confidence in the lawyers appointed by the Kejriwal Government. lieutenant-Governor Najeeb Jung then appointed Additional Solicitor General Tushar Mehta to represent Delhi Police in the case. Jung also directed Delhi Government counsel Rahul Mehra not to appear in the case.
As soon as the hearing commenced before Justice Pratibha Rani at 10.30 am, the Bench said, “Are you filing a status reportIJ If you were aware, you should have done it.”
Additional Solicitor General (ASG) Tushar Mehta, appearing for the police, told the Bench that they were opposing Kumar’s bail plea.
At this juncture, the Bench said, “What about the status report. If you do not have the status report, I will not proceed. Ask your Investigating Officer to file the report.”
ASG Mehta, however, told the Bench that they would file the status report in a sealed cover as “this is a pre-chargesheet bail and the status report cannot be shown to the accused.”
To this, the Bench observed, “I do not need it in a sealed cover. You will have to file it. Issue a notice. File the status report by tomorrow.” The Bench, however, clarified that the status report would be limited to the extent of bail only.
As the matter commenced, senior standing counsel of Delhi Government advocate Rahul Mehra opposed the appearance of ASGs Mehta and Sanjay Jain and lawyer Anil Soni, saying before appearing in the matter they should show notification in this regard.
“If they don’t have the same (notification) they cannot stand before this court,” Mehra told the Bench.
Responding to this, ASG Jain said, “Once the ASGs are appearing in this matter, you have no business to interfere in this issue.”