New Delhi, Sep 10: Supreme Court lawyer Ajay Agarwal has urged Delhi Lieutenant Governor Anil Baijal to call for files related to sanction of prosecution in JNU sedition case.
The apex court lawyer has written a letter to Mr Baijal over media reports claiming that the Delhi government has rejected a request for sanction by Delhi Police to prosecute former Jawaharlal Nehru University Student Union (JNUSU) president Kanhaiya Kumar and others in the case.
Agarwal requested the LG to call for the files in the matter, 'as the power to give or refuse sanction of prosecution should not come under the preview of the Delhi government'.
Agarwal , in his letter , said that the subject of 'Law & Order' of National Capital Territory of Delhi is with the Union Home Ministry and elected Government of NCT of Delhi has no control on Delhi Police. ' Therefore, the power to give or refuse sanction of prosecution should not come under the preview of the Home Minister of the Government of NCT of Delhi,'he said.
The letter further said that, when a government which has no control on the police and Delhi Police Commissioner directly reports to Union Home Ministry and the Lieutenant-Governor, and not to the Home Minister of Delhi, then the power of sanction of prosecution should vest in Lieutenant Governor and not in the Home Minister of Delhi.
'Therefore, you are requested to call the file relating to the sanction of prosecution of former JNU Students Union president, Kanhaiya Kumar, and nine others in sedition case and take appropriate decision in the matter and further direct the Delhi Police Commissioner to send all the files pertaining to any such sanction of prosecution cases,' Agarwal said.
Earlier on September 6, Delhi chief Minister Arvind Kejriwal, reacting to reports that AAP Government has decided not to give it's nod to Delhi Police to prosecute former Jawaharlal Nehru University Student Union (JNUSU) president Kanhaiya Kumar in the sedition case, said it is a 'mere speculation'.
"I was informed no such decision was taken. This is a speculation," Mr Kejriwal told reporters here. Apprising that he was told that Home Ministry is taking decision in this matter, the CM said, "I can only assure this that from our side there won't be any interference.There will be no political interference nor pressure. Keeping all facts in mind, whatever the concerned authority will decide, that decision will be kept in front of the court.'
The case dates back to February 9, 2016, when a total of ten students, including Kanhaiya Kumar, were accused of raising 'anti-national' slogans in the JNU campus. The Delhi police had filed a chargesheet in the court this January naming Kumar and others in the sedition case.
The court reprimanded the Delhi Police for not getting approval from the Delhi government on charges of sedition. After this, the Delhi Police requested the Delhi government to allow Kumar and others to give sanction to prosecute them.UNI