The court granted time to the Delhi government after its counsel said they are looking into the matter with all seriousness, and they need one more month to finalise whether or not to accord sanction to prosecute Kanhaiya Kumar and others under IPC section 124(A) (sedition).
"The chargesheet was filed secretly and in a hasty manner without sanction from competent authority. Decision on sanction to be taken within one month from receipt of opinion from the GNCTD standing counsel (criminal),” the Delhi government’s counsel said.
Chief Metropolitan Magistrate Deepak Sherawat made the observation after DCP (Special Cell) of the Delhi Police, Pramod Kushwaha, informed the court that the request for sanction in the sedition case is pending with the Delhi government.
The Delhi Police had earlier told the court that authorities were yet to give requisite sanctions to prosecute former JNU students' union president Kanhaiya Kumar and others in the case, and it would take two to three months to procure sanctions.
On January 14, police had filed a charge sheet in the court against Kumar and others, saying he was leading a procession and supported seditious slogans raised in the JNU campus during an event on February 9, 2016.
The judge said he will proceed with the matter if the prosecuting agency is unable to get sanction with regard to the particular offence on March 11 — for which sanction is a must from the competent authority.