A Delhi high court on Wednesday granted Kanhaiya Kumar interim bail for six months. Justice Pratibha Rani, in her order, stated that Kumar could be required to furnish an undertaking to the effect that he will not be involved in any activity that may be termed anti-national. Also, as the student union president of Jawaharlal Nehru University, he will control and limit any activities that could be termed as anti-national.
The court ordered that one who can "ensure" that Kumar's "thoughts and energy are channelised" in a constructive manner – be it a faculty member or a person related to Kumar – should stand as surety. The surety is also required to submit an undertaking to the metropolitan magistrate along the same lines as Kumar's undertaking. Also Kumar should furnish a personal bond of Rs 10,000.
Conceding to Kumar's plea for bail, the court reasoned that even though there was no dispute about Kumar's presence on February 9, the "limited controversy" lay whether "the petitioner (Kumar) actively participated in the alleged anti-national activities or was present there only to intervene between two rival factions." The court went on to say that freedom of speech was a constitutional right of an individual though it must be exercised within the framework of the Constitution.
The court stated that the thoughts reflected in the slogans raised by the students at JNU could not be claimed under the right to freedom of speech and such an "infection" should be "controlled/cured before it becomes an epidemic". Should the epidemic become uncontrollable, then, perhaps a "surgical intervention" would be "required."
Justice Rani invoked the patriotic song from 'Upkar' by lyricist Indeevar – Mere Desh ki Dharti sona Ugle….Ugle here moti mere desh ki dharti.. setting the tone for her order on Wednesday.
Justice Rani, in her order, said that the anti-national slogans raised by the students within the comforts and confines of their campus would perhaps be insensitive towards the army who stand guard at the borders ensuring our country is protected. Justice Rani also claimed that perhaps slogans about Afzal Guru's matrydom would affront the sensibilities of the families of those army men and individuals who returned home "draped in tricolour".
The order that was announced late evening – way past the official court time – will be furnished in front of metropolitan magistrate Loveleen at the earliest. It is expected that Kumar would be released from Tihar Jail where he has been lodged since February 17 on Thursday.
Senior advocates Kapil Sibal and Rebecca John represented Kumar, whereas ASG Tushar Mehta and special public prosecutor Anil Soni among others represented the state.
Kumar was arrested on February 9 in connection with an event held on JNU campus where allegedly anti-national slogans were raised. He was arrested by the Delhi police and charged with sedition. Two other students Umar Khalid and Anirban Bhattacharya were also arrested in connection to this event. Khalid and Bhattacharya were sent to judicial custody for 14 days on Tuesday.
