The Delhi High Court today ordered to "maintain confidentiality" during the remand proceedings of JNUSU President Kanhaiya Kumar and two other accused arrested in the sedition case and directed the police to ensure that no one "suffers even a scratch" and there is no ruckus this time.
The court ordered this during the hearing on Kanhaiya's bail plea after it was informed that the student leader and two arrested co-accused - Umar Khalid and Anirban Bhattacharya - were apprehending threat to their safety and security during production before Patiala House courts for remand proceedings.
"With a view to avoid any unpleasant incident as well to ensure the safety of the petitioners (Kanhaiya, Khalid and Bhattacharya) and that remand proceedings be conducted in accordance with law, all concerned are expected to maintain confidentiality in respect of above," Justice Pratibha Rani said.
During the hearing, when the issue of safety and security of accused was raised, the bench observed, "We have to ensure that no one suffers even a scratch this time. The Registrar of the Delhi High Court and police should ensure that no ruckus, as happened in the past, should take place while the accused are being produced."
The order and observations came in wake of the violence on February 15 and 17 inside Patiala House courts premises during which a mob, dressed in lawyers robe, had assaulted Kanhaiya, JNU students, journalists and others during production of the student leader before the magistrate.
In its order, the high court also directed the Registrar General to depute a Metropolitan Magistrate for the purpose of conducting remand proceedings and asked DCP (South) Prem Nath, who was present inside the courtroom during the hearing, to co-ordinate with the Registrar General for this.
The bench said Kanhaiya's counsel has apprehended serious threat to his client's life during production before the court for remand proceedings and for this reason, his bail plea was transmitted to the High Court by the Supreme Court.
The court heard brief arguments on Kanhaiya's bail plea and posted it for further hearing on February 29 as Additional Solicitor General (ASG) Tushar Mehta said that in view of the arrest of Khalid and Bhattacharya, the police would file an application seeking his further police custody.
The court also heard separate petitions filed by Khalid and Bhattacharya, in which they had sought security before they surrender to police, and their advocates told the bench that since their clients have surrendered so the prayer "does not survive".
During the 30-minute hearing, senior advocate Kapil Sibal,
who appeared for Kanhaiya, said that police should get a fair opportunity to probe the case and he would contest the plea seeking further remand of his client before the magistrate.
Sibal said police should be directed to inform them about "the date and timing of filing such application and when and where it is likely to be heard so that the petitioner gets an opportunity to contest the said application."
The court ordered that senior advocate Rebecca M John, who also appeared for Kanhaiya, shall be communicated about such application when it would be filed by the police.
After ASG Mehta told the bench that they would move a plea seeking further police remand of Kanhaiya, who is presently in Tihar Jail under judicial custody till March 2, Sibal said that the bail plea be deferred for February 29.
In its separate order on the petitions filed by Khalid and Bhattacharya, the bench noted the concern expressed by their lawyers about safety of their clients.
"Both these petitioners (Khalid and Bhattacharya) have surrendered voluntarily before the police. The concern expressed by counsel for petitioners regarding their safety needs to be addressed by this court to ensure not only their safety but also that remand proceedings are conducted in accordance with law," the bench noted.
Mehta assured the bench that all the efforts would be made to ensure safety of the accused.
The police told the court that place and timing of remand proceedings would be informed to the defence counsel to enable them to be present there.
"It has also been informed that to ensure safety of the petitioners, they are not likely to be produced at Patiala House Court and a safe venue shall be identified and informed to counsel for the petitioners," the bench noted.
During the hearing on bail plea, Kanhaiya's uncle and his elder brother were present in the courtroom and elaborate security arrangements were at place in and outside the high court premises.
The police also filed a status report on its investigation as per the court's direction and claimed that Kanhaiya had not only participated in the event where anti-national slogans were allegedly raised in the JNU campus but had "actually organised" the programme.
Sibal, however, said that as per the status report filed by the police, there was no evidence of any anti-India slogans being raised by his client.
Mehta, however, said that as per the new circumstances and evidence which have emerged, Kanhaiya is required to be confronted with the two arrested accused.
Besides Mehta, ASG Sanjay Jain and Special Public Prosecutors, Anil Soni and Shailendra Babbar, appeared before the court today. Delhi Government's senior standing counsel Rahul Mehra was also present during the hearing.
