The Delhi government has decided not to give the Delhi Police its go-ahead to prosecute former Jawaharlal Nehru University Students Union (JNUSU) president Kanhaiya Kumar in a sedition case.
According to Delhi government sources, the decision will be conveyed to the Delhi Police and is based on Home Minister Satyendra Jain’s view that a case of sedition against Mr. Kumar is not made out as per the evidence submitted by the police against him and currently available on record.
The case, against Mr. Kumar and nine others, is expected to come up for hearing later this month and relates to the alleged raising of “anti-national slogans” on the varsity’s campus in 2016.
Section 196 of the Criminal Procedure Code states that “no court shall take cognisance of any offence punishable under Chapter VI of the Indian Penal Code except with the previous sanction of the Central Government or of the State government.” Similarly, Section 124-A [sedition], under which the accused have also been charged, is placed under this chapter.
In April, the Delhi government, through the Additional Public Prosecutor (APP), had sought more than a month to take a decision on the matter.
The court, on January 19, refused to take cognisance of the chargesheet against the accused in the case, stating that the police had filed it without sanction for prosecution from the Delhi government.
