New Delhi: The Supreme Court on Friday refused to hear the bail plea of Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar, arrested on sedition charges.
Agreeing that the situation in Patiala House Courts is not proper, an apex court bench of Justice J Chelameswar and Justice Abhay Manohar Sapre transferred Kanhaiya`s petition to the Delhi High Court.
While doing so, the SC asked the high court to hear the plea expeditiously.
"You are leading a dangerous proposition. If this court will entertain it, it will become a precedent which will be available to all the accused in the country. Wherever there will be sensitive cases involving political persons or prominent persons or others...You know the atmosphere in the court. So in every case if it is said that Supreme Court is only the court, it would be a dangerous precedent," a bench comprising justices J Chelameswar and AM Sapre said.
Further, it said, "Remember, this is not the only case of this type."
The bench took an assurance from Solicitor General Ranjit Kumar that in the "prevailing extraordinary situation" pertaining to this matter, the Government of India and the Delhi Police Commissioner would provide adequate safety and security to the accused and a stream of lawyers who will be appearing in the High Court.
The bench also said that the counsel for all the parties would be given preference while entering into the court room at the High Court and the Registrar General would be responsible for limiting number of people to be allowed to enter inside.
The SC directed its secretary general to forthwith transfer Kanhaiya`s writ petition and related papers to the high court.
The Supreme Court permitted the counsel for Kanhaiya to amend his petition, which is to be filed in the Delhi High Court this afternoon.
In his petition, filed through advocate Anindita Pujari, Kanhaiya had submitted that there is a threat to his life and there was a need for the apex court to intervene for safeguarding his life and limb.
