Kanhaiya Kumar, Umar Khalid and his companions had recently been accused of sedition, 3 years after JNU reverberated with the songs of ‘Bharat tere tukde honge, inshallah inshallah’, ‘Afzal hum sharminda hai, tere qaatil zinda hai’ ‘ and other sporadic friends. The 1200-page charge sheet that named Kanhaiya Kumar, Umar Khalid and others now faces an obstacle because Arvind Kejriwal’s government is taking too long to grant permission to prosecute the “tukde tukde gang.”
The Telegraph reported that on January 19, 2018, on January 19, 2018, the Delhi state court, headed by the head of government Arvind Kejriwal, had to give his permission to prosecute the defendant on the charge sheet, without which, the case would not advance.
Now the news has arisen that the court has refused to accept the 1,200-page charge sheet from the Delhi Police indicating that they first had to obtain a sanction to prosecute the Arvind Kejriwal government.
#DNA : आप टुकड़े-टुकड़े गैंग की टीम में हैं ? या देश पर गर्व करने वाले लोगों के साथ हैं ?@sudhirchaudhary pic.twitter.com/2bQPHVBtCP
— Zee News Hindi (@ZeeNewsHindi) January 18, 2019
The court has reportedly questioned the Delhi police why the charge sheet was presented without due sanction from the Delhi government and the police told metropolitan Judge Deepak Sherawat that they would obtain the necessary sanctions within 10 days. The hearing is scheduled to resume soon.
Chargesheet against Kanhaiya Kumar not accepted by court; police told to get Delhi government’s approval pic.twitter.com/GNYeK3zbaP
— NDTV (@ndtv) January 19, 2019
The hearing on the charge sheet was suspended until the previous Saturday, due to the absence of the metropolitan chief magistrate Deepak Sehrawat. Only when a court becomes aware of a charge sheet does a trial begin, and today too, the charge sheet has been rejected because of the lack of permission to prosecute the Kejriwal government.
According to The Telegraph, a senior official of the department of origin said: “We received a request for prosecution in the case in 2016.” The police filed another application for sanctions with the full list of defendants on Monday. The official added: “The government of Delhi is unprecedented in a case of sedition in the recent past. We have to examine the application based on its merits, based on the CPI. The sanction has not yet been granted by this department. ”
The law states that in sections such as sedition, where the crime refers to crimes against the state, the charge sheet and the trial can not proceed without the consent of the central or state government.
According to the Times of India, it was unclear whether the local LG department or the Kejriwal government should call the charge sheet. Times of India reported that a Kejriwal government official had said that, since the government had not granted such a sanction in recent times, the legal department is involved to ensure that the charges on the charge sheet are justified.
According to the TOI report, the police also requested a sanction in 2016 and this was the second request. The police are likely to approach the LG office or even the ministry of internal affairs if the penalty is further delayed.
“In this matter, the final call will be taken anyway by the LG after the local department grants or rejects the sanction, then the police will get the penalty sooner or later,” said a senior official, as reported by TOI .
Since the request for sanctions was granted in 2016 and then recently on Monday, one wonders what the Delhi government led by Arvind Kejriwal is taking to give permission for prosecution and whether the police are prepared to approach the Delhi LG or even The central government is the objective. The government of Delhi delays even more.
