Kanhaiya Kumar, the JNU Students’ Union president arrested on the sedition charge for allegedly shouting anti-national slogans, was granted conditional interim bail for six months by Delhi High Court on Wednesday. The following are excerpts from Justice Pratibha Rani’s order:
Spring season is a time when nature becomes green and flower blooms in all colours. This spring, why the colour of peace is eluding JNU needs to be answered by its students, faculty members and those managing the affairs of this national university
What was the role played by the petitioner (Kanhaiya) on that day is subject matter of investigation.... It is not disputed by the State at this stage that in the footage of video recording of the incident, the petitioner has not been seen raising anti-national slogans but the additional solicitor-general for the State has referred to the statement of various witnesses... who have stated about the presence as well as active participation of the petitioner in that incident
As president of the students’ union, the petitioner was expected to be accountable for any anti-national event organised on the campus
Suffice it to note that such persons enjoy the freedom to raise such slogans in the comfort of university campus but without realising that they are in this safe environment because our forces are there at the battle field situated at the highest altitude of the world where even oxygen is so scarce that those who are shouting anti-national slogans holding posters of Afzal Guru and Maqbool Bhat close to their chest honouring their martyrdom may not be able to withstand those conditions for an hour even
The kind of slogans raised may have a demoralising effect on the family of martyrs
The faculty of JNU also has to play its role in guiding them to the right path...
The thoughts reflected in the slogans raised by some of the students of JNU who organised and participated in that programme cannot be claimed to be protected as fundamental right to freedom of speech and expression. I consider this as a kind of infection from which such students are suffering which needs to be controlled/cured before it becomes an epidemic
Whenever some infection is spread in a limb, effort is made to cure the same by giving antibiotics orally and if that does not work, by following a second line of treatment. Sometimes it may require surgical intervention also. However, if the infection results in infecting the limb to the extent that it becomes gangrene, amputation is the only treatment
Bail conditions: Personal bond of Rs 10,000 (since Kanhaiya’s mother earns only Rs 3,000 a month as an anganwadi worker), a surety from a JNU faculty member or a relative who would be able to “exercise control on the petitioner not only with respect to appearance before the court but also to ensure that his thoughts and energy are channelised in a constructive manner”, non-participation — actively or passively — in any activity which may be termed anti-national and readiness to make all efforts as the students’ union president to control anti-national activities on the campus.
COMPILED BY ANANYA SENGUPTA
