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Kanhaiya gets interim bail, HC terms slogans as anti-national- 3-Mar-2016
New Delhi: The Delhi High Court today granted interim bail for six months to JNUSU President Kanhaiya Kumar but said the FIR lodged in connection with an on-campus event that led to his arrest on sedition charge suggested it "is a case of raising anti-national slogans which do have the effect of threatening national integrity".
The high court, which gave conditional relief to Kanhaiya, said he will "not participate actively or passively in any activity which may be termed as anti-national" and told him that as president of JNU students union, he "will make all efforts within his power to control anti-national activities in the campus."
It also made strong remarks about the slogans allegedly raised by the students, including other accused, saying they cannot claim protection under fundamental right to speech and expression, particularly in view of the fact that the investigation into the case was at a nascent stage.
Further, Justice Pratibha Rani was critical of the slogans raised on February 9 on the JNU campus eulogising Parliament attack case convict Afzal Guru and Maqbool Bhat, mastermind of hijacking of a passenger airline to Lahore in 1971 who was hanged in 1984.
"The feelings or the protest reflected in the slogans need introspection by the student community whose photographs are available on record holding posters, carrying photographs, of Afzal Guru and Maqbool Bhat," the judge said while ordering Kanhaiya's release on furnishing a personal bond of Rs 10,000 and a surety of the like amount with a condition that he will not leave the country without the permission of trial court.
Making it clear to Kanhaiya that he will have to cooperate in the ongoing investigation and present himself before the investigators, as and when required, the judge also considered his family background that his mother is an Anganwadi worker earning a paltry amount of Rs 3,000 on which the entire family survives to fix the bail amount.
The judge directed that the accused's surety "should also be either a member of the faculty or a person related to him in a manner that he exercises control on him not only with respect to appearance before the court but also to ensure that his thoughts and energy are channelised in a constructive manner."
In the 23-page order, the judge said, Kanhaiya would not leave the country without the permission of the trial court and the person standing surety for him shall also furnish an undertaking on the lines similar to that of the accused.
The judge also observed that "during the period spent by petitioner in judicial custody, he might have introspected about the events that had taken place. To enable him to remain in the mainstream at present, I am inclined to provide conservative method of treatment."
The judge said, "Once the decision of releasing the petitioner on interim bail is taken, now the question comes as to what should be the amount for monetary security. In his speech dated February 11, 2016, the petitioner has claimed that his mother works as Anganwadi worker and earns Rs 3,000 per month on which the entire family survives.
"If this aspect is considered, then the amount required to be filled in the personal bond and surety bond cannot be so high as to put him in a position that he cannot avail the interim bail," the judge said.
"The time is ripe that while giving some concession to the petitioner on monetary aspect for purpose of furnishing the bond, he can be required to furnish an undertaking to the effect that he will not participate actively or passively in any activity which may be termed as anti-national.
"Apart from that, as President of JNU Students Union, he will make all efforts within his power to control anti- national activities in the campus," the high court said.
While laying down the conditions for Kanhaiya's release on interim bail, the high court said that the personal bond of Rs 10,000 and an undertaking with surety, who should preferrebly be a faculty member of JNU, will be to the satisfaction of concerned Metropolitan Magistrate or the link Magistrate with the condition that "he shall not leave the country without the permission of the court".
The high court took strong exception to the manner in which slogans were raised and protest staged by the students carrying photographs and posters of Parliament attack case convict Afzal Guru and Maqbool Bhat, mastermind of hijacking of a passenger airline to Lahore in 1971 who was hanged in 1984, on the campus.
"The feelings or the protest reflected in the slogans need introspection by the student community whose photographs are available on record holding posters, carrying photographs, of Afzal Guru and Maqbool Bhat," the judge said.
The high court noted that Kanhaiya belongs to an intellectual class pursuing PhD from International School of Studies, JNU, which is considered as hub of intellectuals.
The court said that his political ideology or affiliation has to be pursued within the framework of Indian Constitution as freedom of speech and expression is subject to reasonable restrictions under Article 19(2) of the Constitution.
"He may have any political affiliation or ideology. He has every right to pursue that but it can only be within the framework of our Constitution. India is a living example of unity in diversity. Freedom of expression enjoyed by every citizen can be subjected to reasonable restrictions under Article 19(2) of our Constitution," the judge said.
The high court said that the faculty of JNU has to play its role in guiding them to the right path so that they can contribute to the growth of the nation and to achieve the object and vision for which the university was established.
"The reason behind anti-national views in the mind of students who raised slogans on death anniversiry of Afzal Guru, who was convicted for attack on our Parliament, which led to this situation have not only to be found by them but remedial steps are also required to be taken in this regard by those managing the affiars of the JNU so that there is no recurrence of such incident," the judge said.
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