Celebrations in JNU as Umar Khalid, Anirban Bhattacharya get bail

Kanhaiya welcomes decision, vows to fight against sedition

At the Patiala House courts, additional sessions judge Reetesh Singh said the “role attributed” to Kanhaiya Kumar doesn’t appear to be different from the allegations against Umar Khalid and Anirban Bhattacharya. The judge granted them relief on furnishing of a personal bond for Rs 25,000 with one surety of like amount, which they complied with, and they were ordered to be released till September 19. Sangeeta Das Gupta and Rajat Dutta, two teachers at JNU’s Centre for Historical Studies, stood surety for Anirban and Umar respectively. The court also directed Umar and Anirban not to leave Delhi without its permission during the period of interim bail and to make themselves available before the investigating officer when required for the probe.

While dealing with the bail applications, the court said: “Although the allegations levelled against Umar and Anirban are per se serious in nature, but as claimed by the police themselves, the video footage of the incident has been sent to the forensic sciences laboratory. Its analysis and final report will certainly take time.”

The judge said: “When all the aforesaid circumstances are weighed together and keeping in view that no previous criminal record of any nature whatsoever has been alleged and the fact that nothing has been brought on record which could indicate they are likely to abscond from the jurisdiction of the court, then besides the ground of parity vis-a-vis release of Kanhaiya Kumar on bail, I deem it appropriate to release both the accused on interim bail for a period of six months.”

In its 12-page order, the court said: “At the outset, it is to be kept in mind that co-accused Kanhaiya Kumar has been granted bail by the high court.” The court noted that keeping in view the allegations against the accused, the “question arises as to whether they can claim any parity with co-accused Kanhaiya Kumar, who was granted bail”.

Referring to the status report filed by the Delhi police in the high court while opposing Kanhaiya’s bail plea, the judge said it was “apparent that the case set up by the police qua co-accused Kanhaiya Kumar was also of organising as well as participating in the said event”.

“The allegations qua the present accused (Umar and Anirban) are similar to allegations made with respect to Kanhaiya in the status report submitted before the high court during consideration of his bail application,” the court said.

On the submission by the police of witnesses’ statements on the alleged incident, the court said: “Having gone through the statements of Sourabh Kumar Sharma, Sandeep Kumar and Akhilesh Pathak, it does not appear the role attributed to Kanhaiya Kumar in the statements of these witnesses is any different to the allegations made against the present accused/applicants.”

It said both Umar and Anirban were “highly educated persons” having graduated from premier colleges of Delhi University, completing their MA and M.Phil. from JNU and they are currently pursuing Ph.D. from the university.

Discussing the severity of punishment if conviction under Section 124A (sedition) of IPC, under which both accused have been arrested, along with other IPC provisions, the court said it prescribes three kinds of punishment which may extend up to life term.

Soon after news emerged of the interim bail order, the JNU campus erupted in celebrations, with students shouting slogans in favour of those slapped with sedition charges. Some students were seen exchanging sweets, and many others started applying colours to each other.

Welcoming the bail granted to the duo, Kanhaiya Kumar said all parties and people supporting democracy must come forward to demand abolition of the British-era sedition law. “Those who are supporting democracy should come together. It will be a long battle. We have been given bail. We will go on with our struggle to ensure that the sedition law is scrapped.”

The JNUSU president added: “I have been to jail. I know what it feels like to be there. I am glad our comrades will be back, but the struggle will continue.”