JNU sedition case: Police role over, will ask Delhi government, says court on sanction delay

Kushwaha made the submission in pursuance to the court’s March 29 order, directing him to file a report on why police has filed a chargesheet in the matter without procuring sanction, and the reason for the delay.

On hearing the DCP’s response, the magistrate said, “Your role is over… I will ask the Delhi government now. It needs to explain the delay.”

The senior police officer also said: “There are Supreme Court, High Court judgments… Grant of sanction is an administrative act and is not part of investigation. A chargesheet can be filed (without procuring sanction first).”

The DCP also submitted before the court that they need more time to procure sanction in the case, and that they are “in touch” with the Delhi government’s Home Department.

According to Section 196 of the CrPC, “no court shall take cognizance of any offence punishable under Chapter VI of the IPC, including sedition” without requisite sanction.

The court has fixed the matter for further hearing on April 3.

The court had earlier pulled up the police over its failure to explain the reason for filing the chargesheet without requisite sanction from the competent authority.

The court had also said that if the police was not able to get sanction, the trial will proceed on the basis of other charges slapped on the accused persons, except sedition.

According to official records, police had applied to the Delhi government for sanction two hours before filing the chargesheet on January 14. Since then, the court has been deferring taking cognizance of the chargesheet against the accused.

Principal Secretary (Home) did not respond to calls seeking comment.

The accused have been charged with offences under sections 124A (sedition), 323 (punishment for voluntarily causing hurt), 465 (punishment for forgery), 471 (using as genuine a forged document or electronic record), 143 (punishment for being a member of an unlawful assembly), 149 (being a member of an unlawful assembly), 147 (punishment for rioting) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

Police claimed before the court that Kumar was leading a procession and supported seditious slogans raised on the campus during an event on February 9, 2016. Besides Kumar, police also charged JNU students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during the event, held to mark the death anniversary of Parliament attack convict Afzal Guru.