The plea was filed as a civil writ petition but when the matter came up for hearing before a bench of Justice Manmohan, the advocate representing the petitioner sought to convert it into a criminal public interest litigation (PIL).
At the outset, the bench said, "You withdraw this plea and file a fresh writ petition. I am not going to change the nomenclature of this petition."
Senior advocate Adish C Aggarwala and advocate V K Anand had mentioned the petition at 10.50 AM before a division bench headed by Justice B D Ahmed and it came up for hearing before Justice Manmohan at 4.30 PM.
The bench asked them to withdraw the plea and file a fresh petition. "The petitioner wishes to withdraw the writ petition and file a fresh petition....The same is dismissed as withdrawan," the bench noted in its order.
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Earlier in the day, the division bench had agreed to urgently hear the plea which also sought direction to Jawaharlal Nehru University (JNU) to allow Delhi Police to enter its premises to arrest the five students - Umar Khalid, Anant Prakash Narayan, Ashutosh Kumar, Rama Naga and Anirban Bhattacharya.
The plea also sought action against JNU faculty members for allegedly trying to "obstruct the process of administration of criminal justice system and assisting for violation of law of lands."
Citing media reports, the petition said on February 21 the five students wanted in the case resurfaced in JNU around 8 PM, adding that the Vice Chancellor had refused to permit the police to enter the campus to arrest them yesterday.
It also sought direction to Centre and Delhi government, Delhi Police and JNU to file status report of the entire incident till date.