Bar and Bench - Indian Legal news
JNU Sedition Case: Court refuses to take cognisance of Chargesheet filed by Delhi Police

JNU Sedition Case: Court refuses to take cognisance of Chargesheet filed by Delhi Police

Shruti Mahajan

The Patiala House Court at Delhi today refused to take cognizance of the sedition case filed against former Jawaharlal Nehru University (JNU) Student Union President Kanhaiya Kumar, students Umar Khalid, Anirban Bhattacharya and seven others, citing the absence of approval from the Delhi government to file the chargesheet.

Judge Deepak Sahrawat questioned the Delhi Police after noting that the chargesheet against the accused was filed without prior sanction from the legal department of the Delhi government.

The Delhi Police, which comes under the jurisdiction and control of the Central government, has told the Court that appropriate sanction will be taken within a period of ten days.

The chargesheet in question was filed by the police on Monday, in the case pertaining to the alleged “Anti-National” sloganeering and connected events of February 2, 2016.

The Delhi Police claims to have based its findings on the basis of documentary evidence, CCTV footage, and eye-witness accounts of approximately 90 persons. Apart from Kumar, Khalid and Bhattacharya, the seven other accused, hailing from Kashmir, are Aquib Hussain, Mujeeb Hussain, Muneeb Hussain, Umar Gul, Rayeea Rasool, Bashir Bhat and Basharat.

Apart from the ten named above, Delhi Police has mentioned 36 others in the chargesheet as well, without naming them as accused due to lack of evidence.

Kanhaiya was granted interim bail by the Delhi High Court in the matter in March 2016, almost three weeks after being arrested on charges of sedition. Soon after, an Additional Sessions Judge granted interim bail to Khalid as well as Bhattacharya in the case.