Pleas for cancellation of bail to Kanhaiya referred to HC Chief Justice

At the outset, Justice Pratibha Rani, who had granted conditional interim bail to Kanhaiya on March 3, inquired about the presence of petitioners in the courtroom and told them to be ready for the consequence of rejection of their pleas with cost.

By: Express News Service | New Delhi | Updated: March 17, 2016 4:29 am
JNUSU president Kanhaiya Kumar during the movement for the release of our comrades continues at JNU in Delhi on March 6th 2016. Express photo by Ravi Kanojia. JNUSU president Kanhaiya Kumar.(Express photo by Ravi Kanojia)

A plea seeking cancellation of the bail granted to JNUSU president Kanhaiya kumar was Wednesday transferred for hearing before a different bench of the Delhi High Court after the counsel for the petitioner objected to a “warning” by the bench to his client — that he would have to bear costs if the matter was dismissed.

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The controversy arose as Justice Pratibha Rani, who had granted interim bail to Kumar, asked the counsel whether the petitioner was personally present in the courtroom, and then warned him that he should be ready to bear costs if the petition were to be dismissed.

At this comment, advocate R P Luthra, appearing for petitioner Prashant Kumar Umrao, raised an objection. He argued that the court cannot “intimidate” the petitioner as he had the “right to argue the plea” and “this is our right and it cannot be taken away”.

“If you want to conduct the proceedings like this then you can transfer it to some other court. You cannot say that you will dismiss the plea with cost before hearing it. You can transfer the matter to the Chief Justice,” said Luthra.
The matter is set to be heard before the bench of Justice Suresh Kait Thursday.

Two more pleas on similar grounds were also listed for hearing before Justice Pratibha Rani Wednesday, which will be taken up Thursday along with Umaro’s plea.

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