SC Dismisses Plea For Action Against Lawyers Who Attacked Kanhaiya Kumar

The Supreme Court on Wednesday dismissed a plea that demanded action against lawyers who indulged in violence at Delhi’s Patiala House on February 17, 2016, when Jawaharlal Nehru University (JNU) student leader Kanhaiya Kumar was being presented before the court. This was in connection with a sedition case filed against Kanhaiya and others for allegedly raising anti-India slogans during a public meeting in the campus on the evening of February 9, 2016.

The student leader was punched and kicked while he was being escorted through the court premises by a posse of police personnel. This is the second instance when lawyers have resorted to violence inside the Delhi court grounds.

On February 16, some lawyers beat up JNU teachers and students, as well as several members of the media, inside the court grounds. In both instances, the assaulters were led by Advocate Vikram Singh Chauhan. Both the incidents were caught on camera.

Lawyer Kamini Jaiswal had demanded a probe by the Special Investigation Team (SIT) and contempt of court case against the lawyers. The three lawyers named in the petition are Vikram Singh Chauhan, Om Sharma and Yashpal Singh.

Justice Ranjan Gogoi, one of the four senior-most judges who led a virtual rebellion against Chief Justice Dipak Misra over the functioning of the top court and “arbitrary allocation” of cases, observed while dismissing the case, “The incident happened two years ago. We do not want to flog a dead horse. We do not like to proceed further and we are not inclined to continue with the petition.”

The bench also comprising Justice R Bhanumathi told senior Advocate Prashant Bhushan, Jaiswal’s counsel, “Now, nothing survives. Let’s close it.”

Incidentally, the SC is currently hearing a matter which demands reinvestigation in the assassination of Mahatma Gandhi.

Coming down heavily on the police, following the attack inside the court premises, the apex court had made the then Delhi Police Commissioner BS Bassi personally responsible for ensuring the safety of the then JNU Students’ Union President. The court had reminded the top cop of the law and order in is his outlook and said: “He (Bassi) better take responsibility or court will pass orders”.

Asking “how can hearing take place when there is so much hostility?” the SC had sent a team of five senior lawyers – Advocate Kapil Sibal, Advocate Rajiv Dhavan, Advocate Harin Ravel, Advocate Dushyant Dave and Advocate ADN Rao – to visit Patiala House court on SC order to take stock of situation at Patiala House following the incident.

Delhi Police counsel Ajit Kumar Sinha was made to call Bassi from inside the SC courtroom to give security to lawyers’ team.

The Lawyers panel – in its report – told the SC that the Delhi Police failed in ensuring safety, Kanhaiya was assaulted and they were also threatened. Senior Advocate Rajeev Dhavan had told the apex court that they were called “Pakistan ke dalle...” and had been repeatedly abused at the Patiala House court.