New Delhi: Delhi Law Minister Kailash Gehlot on Thursday sent a show-cause notice to the Principal Law Secretary for clearing without his approval the sanction to prosecute Kanhaiya Kumar and other Jawaharlal Nehru University (JNU) students in a case of sedition.
Gehlot has sought an explanation from the Law Secretary A K Mendiratta for sending the file directly to the Prinicipal Home Secretary stating that the Law Secretary deliberately bypassed him.
"It appears to have been done intentionally so that views of the minister aren't recorded," he said in the show-cause notice.
Gehlot sent the show-cause notice to the Law Secretray after a court in Delhi on Saturady refused to accept the chargesheet filed against Kanhaiya Kumar, Umar Khalid and others in a 2016 sedation case. The Delhi court asked the police to get Delhi government's approval before filing the chargesheet.
"You don't have approval from the legal department, why did you file chargesheet without approval?" the court told the police.
As per the law, a chargesheet in any case has to be filed within 90 days. The Delhi police however filed chargesheet against the former JNU Students' union leaders after three years.
The Delhi Police filed a 1200 page chargesheet against Kanhaiya Kumar, former Jawaharlal Nehru University Students' Union (JNUSU) president, Umar Khalid and others in a sedition case lodged in 2016 last Monday.
The chargesheet also named former students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during the Feb 9 event that was organised to mark the death anniversary of the Parliament attack convict Afzal Guru.
To make the case more complicated for the Delhi police, former JNU ABVP unit vice-president Jatin Goraiya and former joint-secretary Pradeep Narwal claimed that the anti-India sloganeering on February 9, 2016 on the varsity campus was by ABVP men.
Goraiya and Narwai said ABVP members raised ant-India solgans at the JNU event to divert the media attention from the death of Dalit scholar Rohith Vemula.
Vemula, a PhD student at the University of Hyderabad and author of the book "Caste is Not a Rumour" had committed suicide on January 17, 2016 blaming the university administration of expelling him at the behest of ABVP - students' wing of the BJP.
Addressing a press conference in New Delhi on Wednesday, they claimed that the students seen in videos raising “Pakistan Zindabad" and “Bharat tere tukde honge" slogans belonged to the ABVP.
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