HC asks police to file status report of probe in Kanhaiya case
New Delhi, Feb 23: Delhi High Court on Tuesaday, Feb 23 directed the city police to file by tomorrow a status report of its investigation in the sedition case in which JNUSU President Kanhaiya Kumar has been arrested.
The court's direction came while hearing Kanhaiya's bail plea which was opposed by Delhi Police. As soon as the hearing commenced before Justice Pratibha Rani at 10.30 AM, the bench said, "Are you filing a status report? If you were aware, you should have done it."
Additional Solicitor General (ASG) Tushar Mehta, appearing for the police, told the bench that they were opposing the bail plea of Kanhaiya. At this juncture, the bench said, "What about the status report. If you do not have the status report, I will not proceed.
Ask your investigating officer to file the report." ASG Mehta, however, told the bench that they will file the status report in a sealed cover as "this is a pre-charge sheet bail and the status report cannot be shown to the accused."
To this, the bench observed, "I do not need it in a sealed cover. You will have to file it. Issue notice. File the status report by tomorrow."
The bench, however, clarified that the status report will be limited to the extent of bail only. As the matter commenced, senior standing counsel of Delhi government advocate Rahul Mehra opposed the appearance of ASGs Mehta and Sanjay Jain and lawyer Anil Soni, saying before appearing in the matter they should show notification in this regard.
"If they don't have the same (notification) they cannot stand on their legs before this court," Mehra told the bench. Responding to this, ASG Jain said, "Once the ASGs are appearing in this matter, you have no business to interfere in this issue."
At this stage, the bench intervened and said, "Let's not fight over this issue. I will proceed only if status report is filed." Advocate Mehra, however, said, "They have crossed the 'laxman rekha' and I will not allow this unless the court passes an order.I am appointed by the full court reference of this high court."
Mehra also contended that the status report in this matter has to be filed by the Delhi Police Commissioner and he has to clarify his stand as he had earlier said that the police will not oppose Kanhaiya's bail plea.