JNU row: Kanhaiya Kumar gets bail and a lesson on thoughts that ‘infect… (like) gangrene’

Kumar was arrested on February 12 on charges of sedition and criminal conspiracy after alleged “anti-national” slogans were raised on the JNU campus on February 9.

Written by Aneesha Mathur | New Delhi | Updated: March 3, 2016 8:28 am
jawaharlal nehru university, jnu, jnu row, kanhaiya kumar, jnu kanhaiya, jnu sedition case, kanhaiya kumar bail, kanhaiya sedition bail, delhi high court, india news, latest news, jnu news Kanhaiya’s brother and uncle after the JNUSU president got bail, in New Delhi Wednesday. (Source: Express photo by Renuka Puri)

TAKING a strict view against alleged “anti-national slogans” raised on the campus of Jawaharlal Nehru University (JNU) on February 9, the Delhi High Court today granted six-month interim bail to JNUSU president Kanhaiya Kumar with the condition that he give an undertaking that he would not “actively or passively” participate in such an activity again.

The bench of Justice Pratibha Rani, in its order, held that “the thoughts reflected in the slogans raised by some of the students of JNU who organised and participated in that programme cannot be claimed to be protected as fundamental right to freedom of speech and expression”, and that the court would “consider this as a kind of infection which needs to be controlled/cured before it becomes an epidemic”.

“Whenever some infection is spread in a limb,” the court said, “effort is made to cure the same by giving antibiotics orally and if that does not work, by following second line of treatment. Sometimes it may require surgical intervention also. However, if the infection results in infecting the limb to the extent that it becomes gangrene, amputation is the only treatment.”

kanhaiya, jnu, delhi police, jnu arrest, umar khalid custody, umar khalid police, umar khalid surrender, anirban surrender, umar khalid delhi police, jnu protests, jnu news, jnu umar khalid, india news JNUSU president Kanhaiya Kumar was granted an interim bail by the Delhi High Court.

Noting that Kumar “might have introspected about the events that had taken place” during his 20-day custody, the judge held she was “inclined to provide conservative method of treatment” and granted interim bail.

FULL TEXT: Kanhaiya Kumar bail

The court invoked the role of soldiers. “While dealing with the bail application of the petitioner, it has to be kept in mind by all concerned that they are enjoying this freedom only because our borders are guarded by our armed and paramilitary forces.” said the court. “Suffice it to note that such persons enjoy the freedom to raise such slogans in the comfort of University Campus but without realising that they are in this safe environment because our forces are there at the battle field situated at the highest altitude of the world where even the oxygen is so scarce that those who are shouting anti-national slogans holding posters of Afzal Guru and Maqbool Bhatt close to their chest honoring their martyrdom, may not be even able to withstand those conditions for an hour even.”

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The court added: “The kind of slogans raised may have a demoralizing effect on the family of those martyrs who returned home in a coffin draped in Tricolor.”

The 23-page order included photographs of JNU students in the protest, including those holding Afzal Guru posters.

Kumar, who is the President of the JNU Students Union, was arrested on February 12 on charges of criminal conspiracy and sedition. The police had alleged that he was one of the “organisers” of the event held to protest the hanging of Parliament attack convict Afzal Guru.

Kumar, in his plea, had sought bail claiming that he did not raise any anti-India slogans and that he was not part of the event. The bench has noted that the Delhi police had admitted that Kumar had “not been seen” raising any anti-national slogans in the video footage available.

“As President of JNUSU the petitioner was expected to be responsible and accountable for any anti national event organized in the campus,” observed the bench.

The court further noted that the exact role of Kanhaiya was currently under investigation, and the charges of sedition could vary from very lenient offence punishable only by a fine to stringent offence which could carry life imprisonment.

The court has now directed that apart from a Rs 10,000 bail bond, Kanhaiya would also have 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 bench also directed that the person acting as surety for Kanhaiya should be a faculty member or a relative who “can exercise control on the petitioner not only with respect to appearance before the Court but also to ensure that his thoughts and energy are channelized in a constructive manner.”

The surety may also have to submit a similar undertaking.

Observing that Kanhaiya in his bail plea had raised the issue of freedom of speech and expression, the bench noted that Kumar belonged to the “intellectual class” and had a “political affiliation and ideology”.

“He has every right to pursue that but it can be only within the framework of our

Constitution,” held the court, which has also said that students have “to be reminded that under Part IV under Article 51 A of the Constitution of India fundamental duties of every citizen have been specified, along with the fact that rights and duties are two sides of the same coin.”

“The feelings or the protest reflected in these slogans need introspection by the student community,” said the bench, adding that the faculty of JNU also “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 Jawaharlal Nehru University was established.”

“The reason behind anti-national views in the mind of students who raised slogans on the death anniversary 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 affairs of the JNU so that there is no recurrence of such incident,” the court has said.

Kumar was arrested on February 12 on charges of sedition and criminal conspiracy after alleged “anti-national” slogans were raised on the JNU campus on February 9.

Two other JNU students, Umar Khalid and Anirban Bhattacharya, accused of raising anti-India slogans during the event, are in judicial custody.

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  1. A
    anonymous
    Mar 2, 2016 at 1:57 pm
    Good news!
    Reply
    1. A
      Aap
      Mar 3, 2016 at 2:00 am
      The second judiciary mischief. When Salman acquitted no one named for driving. In this case none named for raising slogans. Who raised slogans?? Is it not important to investigate and punish.
      Reply
      1. A
        Atul Saxena
        Mar 2, 2016 at 5:57 pm
        Kanhaiya Kumar should not raise any slogans against BRAHMINS. If he does we BRAHMIN SCOUNDRELIZED CHANAKYAS will order Police to arrest him, brazenly attack him under the supervision of SUPREME CORRUPT(SC). Please note that BRAHMINISM IS MORE SACRED TO US THAN CHASY OF OUR OWN BRAHMIN MOTHERS( leave alone THE BS CALLED patriotism for India). The best example of that is our FATHER OF ALL BRAHMINS Subramanian Swamy, whose mother herself does not know who SS's father WAS/IS/WOULD BE, but we BRAHMINS LOVE TO HAVE HIM AS OUR FATHER. SO THE BOTTOM LINE WE SCOUNDRALIZED BRAHMINS HAVE OUR PIMPS EVERYWHERE IN THE OFFICIAL/JUDICIAL/BUREAUCRATIC MACHINERY EVEN IN FOREIGN LANDS. WE USE IYER BUREAU(IB) LIBERALLY INTERNALLY FOR SUCH PURPOSES AND RAW EXTERNALLY. WE ALSO HAVE WHITE VANS WITH THUGS RUNNING ALL OVER THE COUNTRY TO CAPTURE THOSE AGAINST CRIMINAL BRAHMINS FOR EXTRA-JUDICIAL MURDERS. BEWARE NON-BRAHMINS!
        Reply
        1. A
          ATUL Saxena
          Mar 2, 2016 at 11:54 pm
          Kanhaiya Kumar should not raise any slogans against BRAHMINS. If he does we BRAHMIN SCOUNDRELIZED CHANAKYAS will order Police to arrest him, brazenly attack him under the supervision of SUPREME CORRUPT(SC). Please note that BRAHMINISM IS MORE SACRED TO US THAN CHASY OF OUR OWN BRAHMIN MOTHERS( leave alone THE BS CALLED patriotism for India). The best example of that is our FATHER OF ALL BRAHMINS Subramanian Swamy, whose mother herself does not know who SS's father WAS/IS/WOULD BE, but we BRAHMINS LOVE TO HAVE HIM AS OUR FATHER. SO THE BOTTOM LINE WE SCOUNDRALIZED BRAHMINS HAVE OUR PIMPS EVERYWHERE IN THE OFFICIAL/JUDICIAL/BUREAUCRATIC MACHINERY EVEN IN FOREIGN LANDS. WE USE IYER BUREAU(IB) LIBERALLY INTERNALLY FOR SUCH PURPOSES AND RAW EXTERNALLY. WE ALSO HAVE WHITE VANS WITH THUGS RUNNING ALL OVER THE COUNTRY TO CAPTURE THOSE AGAINST CRIMINAL BRAHMINS FOR EXTRA-JUDICIAL MURDERS. BEWARE NON-BRAHMINS!
          Reply
          1. G
            Gandhi
            Mar 6, 2016 at 11:44 pm
            Kanhaiya Kumar is anti national ! why to glorify afzal guru and Kashmir azadi? by media ? why no value for Hindu refugees of Kashmir ? give proper news do not give importance to anti national news !!! do not publish anti national news .
            Reply
            1. A
              Atul Saxena
              Mar 2, 2016 at 5:55 pm
              Kanhaiya Kumar should not raise any slogans against BRAHMINS. If he does we BRAHMIN SCOUNDRELIZED CHANAKYAS will order Police to arrest him, brazenly attack him under the supervision of SUPREME CORRUPT(SC). Please note that BRAHMINISM IS MORE SACRED TO US THAN CHASY OF OUR BRAHMIN MOTHERS( leave alone patriotism BS). The best example of that is our FATHER OF ALL BRAHMINS Subramanian Swamy, whose mother herself does not know who SS's father, but we BRAHMINS LOVE TO HAVE HIM AS OUR FATHER.
              Reply
              1. I
                IML sood
                Mar 2, 2016 at 3:06 pm
                Though everyone has to respect the decision of the court ,the headings of some bias news medias are twisted it in a way as if he has been granted bail out of his innocence.The condition imposed by the court has been reported in a way as if this anti national moron can enloy better liberty to repeat what he did earlier.He did not cooperate with the police in investigation and being instigated by traitors to stick to his stand. So much so he has not regretted even once for his hostile action against the country but rest ure everyone is waken now and public is not going to tolerate anything against the honour and dignity of the country from anyone who so ever he may bements of one of Kujli minister in this contex are laughable when he says that such action against anti national peoplewill result in taking the country backward.See the thinking and caliber of such a person to be fit for the job fact Kujli and party are jokers for entertainment only.
                Reply
                1. I
                  IndianWellWisher
                  Mar 3, 2016 at 2:05 am
                  Hope the judge's order drives some reality of life into this - stop being a freeloader, loose talker, paid leader, stop exploiting fashionable causes viz Kashmir azaadi or leftism or Dalit card etc
                  Reply
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