 "Kanhaiya Kumar")
Claiming threat to life in jail and from lynching mobs in the court complex, JNUSU president Kanhaiya Kumar on Thursday directly moved the Supreme Court seeking bail which will be heard on Friday.
His bail petition was mentioned before a bench of justices J Chelameswar and A M Sapre by senior advocate Soli J Sorabjee and Raju Ramachandran who wanted it to be heard today itself saying that he was "manhandled" even while being brought to the court room.
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Kumar, who has been arrested on sedition charges, said he is a student and not some hardened criminal and no prejudice would be caused to any one, if he is released on bail.
"The present circumstances are exceptional and call for an exceptional remedy" the petition filed on behalf of Kumar said while claiming him to be innocent.
"The Petitioner is an innocent person, and his presumption of innocence is sacrosanct. However, the mob at the Court complex was ready to lynch the Petitioner as if the Petitioner is guilty, which erodes a citizen's faith in the justice delivery mechanism established under the laws by our Constitution," his bail plea said.
However, when the bench asked Kumar's lawyers whether they can wait till tomorrow, they agreed. "We will take the matter tomorrow," the bench said.
The plea filed through advocate Anindita Pujari said "the situation of dire threat to life of the Petitioner still prevails and further incarceration of the Petitioner in these circumstances is a constant threat to his life. The Petitioner perceives a threat to his life in the prison where there is a great likelihood of an attack on him by his co-prisoners."
In his plea, he said there has been a repeated breakdown of law and order machinery at the Patiala House Court complex, both before and after the order of apex court.
"It is most serious and egregious that such breakdown does not cease even after the writ of this Court. The situation as it prevails, does not inspire any confidence in the Petitioner and violates his right and aspiration of Justice not only be done, but seem to have been done. The Petitioner's right of access to justice is gravely and severely impeded," the plea further said.
Kumar, who has been booked under sedition charge in connection with an event in JNU where anti-national slogans were allegedly raised last week, has been arrested by Delhi Police. He has been remanded to judicial custody till March 2.
