Kanhaiya Kumar to be prosecuted in Sedition case

The Delhi government finally granted sanction to the Delhi Police to prosecute former Jawaharlal Nehru Students’ Union President Kanhaiya Kumar and others in the 2016 sedition case.

Series of event

Delhi Police had filed a chargesheet against KanhaiyaKumar and former JNU students Umar Khalid and Anirban Bhattacharya January 2019 accusing them of raising 'azadi' slogans during a protest in JNU.

A local court had then asked police to first seek sanction from the Delhi government as per procedure to prosecute Kumar and others in the case.

The relevant law states that as per section 196 (1) CrPC

Prosecution for offences against the State and for criminal conspiracy to commit such offence.

1. No Court shall take cognizance of-

a. any offence punishable under Chapter VI or under section 153A, of Indian Penal Code, or 2 Section 295 A or sub section (1) of section 505] of the Indian Penal Code (45 of 1860 ) or

b. a criminal conspiracy to commit such offence, or

c. any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860 ), except with the previous sanction of the Central Government or of the State Government.

Section 124 A under which the offence was allegedly committed states that:

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards,  the Government estab­lished by law in shall be punished with[im­prisonment for life], to which fine may be added, or with impris­onment which may extend to three years, to which fine may be added, or with fine.