This story is from February 20, 2020

JNU sedition case: Govt likely to take decision at earliest

Delhi government is likely to take an “early decision” on the prosecution sanction against former JNSU president Kanhaiya Kumar and nine others in a sedition case.
JNU sedition case: Govt likely to take decision at earliest
Delhi government is likely to take an “early decision” on the prosecution sanction against former JNSU president Kanhaiya Kumar and nine others in a sedition case.
NEW DELHI: Delhi government is likely to take an “early decision” on the prosecution sanction against former JNSU president Kanhaiya Kumar and nine others in a sedition case.
Chief minister Arvind Kejriwal told reporters on Wednesday: “I don’t have a say in the department concerned (home). I cannot change their decision, but will ask them to decide as soon as possible.” The CM’s comments come hours after a court directed Delhi government to file a status report by April 3 on the issue.

Delhi Police had booked Kanhaiya and nine others for “sedition” for allegedly raising anti-India slogans during an event on JNU campus in February 2016. The file is “under examination” in the home department, which is yet to take a final decision.
The Code of Criminal Procedure lays down that for offences against the state (like waging war against the government, sedition etc), the court cannot take cognisance of the police chargesheet without the sanction of the home department of the state concerned. In this case, police have invoked Section 124A of IPC relating to the charge of sedition against Kanhaiya and other students.
Delhi government has often questioned the urgency of Delhi Police in filing an “incomplete chargesheet without obtaining the prior sanction of the competent authority”. The home department had earlier pointed out that the investigating agency (Delhi Police) had sought its approval only after filing the chargesheet in the court.
While hearing the case, the court also directed police to send a reminder to the government seeking requisite sanctions to prosecute Kumar. The court passed the directions after police submitted that permission to prosecute Kumar and others had not been granted yet and the letter requesting sanction was pending with Delhi government.
On January 14, the police had filed a chargesheet in the court against Kumar and others, including former JNU students Umar Khalid and Anirban Bhattacharya, stating that they were leading a procession and supported the seditious slogans raised on the campus during an event on February 9, 2016.
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