Special Public Prosecutor Rajiv Mohan submitted that the students had not flouted any of the conditions imposed on them in the interim bail and were "co-operating" in the investigation with the Delhi Police.
The Delhi police here on Friday did not oppose the bail application filed by Jawaharlal Nehru University Students Union (JNUSU) president Kanhaiya Kumar and two others.
Kumar, along with Anirban Bhattacharya and Umar Khalid, are currently out on a six-month interim bail since March in a sedition case relating to anti-national slogans raised at an event on the university premises in February early this year.
Special Public Prosecutor Rajiv Mohan submitted that the students had not flouted any of the conditions imposed on them in the interim bail and were "co-operating" in the investigation with the Delhi Police.
Mohan, who is representing the Special Cell of the Delhi Police, submitted before an Additional Sessions Judge (ASJ) that certain conditions must be imposed on the students as investigation was still underway.
The trio filed for regular bail after the HC dismissed Kumar's plea on August 17, and asking him to approach a lower court for the same. "The present application is dismissed with liberty to the petitioner to move the sessions court," Justice P.S. Teji had said in his order.
The hearing for the defense and the prosecution took place at different times during the day amid high drama. Though Kumar and the other students did not appear in court, tight security was in place inside and outside court to prevent any untoward incident.
Submitting that Kumar did not raise any slogan which would fall under the ambit of Section 124A of IPC (sedition), his bail application says that JNU premises have "remained calm" and "not a single incident of violence" or "any sort of disturbance" was reported from within the premises or outside. The application further elaborates that Kumar is a "victim of a politically motivated conspiracy," where "certain vested elements have sought to fabricate evidence against him".
In his plea for regular bail, Kumar has claimed that he has not violated any conditions imposed on him by the DHC and would continue to follow them. He further stated that he has not interfered with the probe, and fully co-operated with the Delhi Police in the on going investigation. He stated in his plea that he has joined the state police for investigation when asked.
In his application, Kumar said that he has voluntarily provided the password to his mobile phone when asked by the Delhi Police as part of their investigation.
The plea filed by advocate Sushil Bajaj also stated that since the Delhi Police had not yet filed a charge sheet in the matter, Kumar deserved regular bail.
Kumar, Bhattacharya and Khalid were arrested on charges of sedition in connection with an event held on JNU campus where allegedly anti-national slogans were raised. Kumar was granted interim bail by the DHC on March 2.
In her 23-page order, Justice Pratibha Rani while granting the interim bail to the student leader advised him against participating "actively in any event that may be termed as anti-national."
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