SC tells Kanhaiya to move Delhi High Court

The Supreme Court on Friday declined to consider the bail plea of arrested Jawaharlal Nehru University Students’ Union president Kanhaiya Kumar, saying that it would set a dangerous precedent, though it acknowledged the situation as extraordinary.

A day after agreeing to hear his petition for bail in view of violent incidents in the trial court, a bench of Justices J Chelameswar and Abhay Manohar Sapre preferred to send the matter to the Delhi High Court as the Delhi Police counsel, Solicitor General Ranjit Kumar, pointed out that the High Court can exercise concurrent jurisdiction of the sessions court to entertain the petition.

Shortly after the apex court’s direction, Kumar's counsel Sushil Bajaj and Vrinda Grover filed a bail application before the Delhi  High Court.

Earlier, Ranjit Kumar submitted that the accused need not be present at the high court. 
Senior advocates Soli J Sorabjee and Raju Ramachandran, appearing for Kumar, and supported by Rajeev Dhawan, submitted that legal professionals were agitated and lawyers cannot perform their professional duties in sessions court as the situation is “absolutely extraordinary”. 

They also cited “prevailing hostile atmosphere and simmering local situation” to contend that they cannot argue the bail petition in a free and fair manner. “What is the problem in approaching the high court,” the bench asked.

To this, Ramachandran responded that the high court is also situated in the same hexagon. Dhawan said that the high court would have to be turned into a fortress and there can be no guarantee for the safety and security of lawyers.

Opposing their plea, Ranjit Kumar submitted that the same set of counsels have been representing other accused and their apprehension should be taken with a pinch of salt. He said the petitioner has directly approached the apex court for bail without discussing anything on the merit of the case. “The matter is serious and the investigation is still on,” the solicitor general said, adding that the kind of situation seen in Patiala House courts in the last few days was witnessed every time a politician or an actor was produced before the trial court.

Agreeing to his submission, the bench said: “This is not the only case of this type. In every case if it is said that Supreme Court is only the court, it would be a dangerous precedent.”

The high court is likely to hear the application on Monday.