Breaking: Soli Sorabjee to lead in Kanhaiya’s bail plea in Supreme Court [Read Petition]

In an interesting turn of events in the JNU controversy, Kanhaiya Kumar has filed a petition in Supreme Court under Article 32 of the Constitution seeking bail..Eminent jurist and former Attorney General for India Soli Sorabjee will “lead the team of lawyers” who will represent Kanhaiya Kumar for bail in Supreme Court. Sorabjee had served as Attorney General during the first term of the NDA government from 1998 – 2004..The matter will be heard at 10:30 am tomorrow..When the PIL filed by JNU Alumnus ND Jayaprakash was taken up at 2 pm today, Senior Advocate Raju Ramachandran sought for hearing of Kumar’s Article 32 petition. Senior Advocate Soli Sorabjee was also present for today’s hearing. When quizzed about Soli’s presence, Ramachandran said that “he will be leading us.” The Court said that it will take up the matter tomorrow..Meanwhile, the team of lawyers which visited Patiala house yesterday submitted its report to the court today. The Delhi High Court has also submitted its report. The Delhi police will be submitting its report tomorrow and the court will take up the petition filed by Jayaprakash on Monday..“Mob was ready to lynch the petitioner”.In his petition, Kumar has highlighted the events that happened at Patiala House contending that it is a complete breakdown of law and order and has resulted in violation of his right to life under Article 21..“The immediate cause for the filing of this Writ Petition is that due to the surcharged atmosphere of violence at the Patiala House Courts, New Delhi, within whose jurisdiction the present case is pending, and the physical violence and intimidation faced by the Petitioner and a large number of students, teachers and journalists while attending a judicial proceeding before the Court of Sh. Loveleen, Metropolitan Magistrate, Patiala House Courts, Delhi, as well as in the court complex.”.Kumar has submitted that though the Supreme Court of India had issued specific directions to the Delhi police to protect him at the time of his production in court, he was violently assaulted by a crowd of lawyers while being taken to the court and later by one person inside the court room..“Following the incidents of the assault, as well as the observable threat to the life and security of the Petitioner, his counsels, and the journalists present inside the court. Therefore, an urgent mentioning was made before this Hon’ble Court at 2:15 pm, following which this Hon’ble Court deputed five senior members of the Bar to observe the situation at Patiala House and report to this Hon’ble Court. However, it was widely reported by the media that even at the time when the senior members of the Bar visited the Patiala House Court premises, the atmosphere of violence and intimidation continued unabated, and that the visiting team was also attacked by a group of lawyers and other persons while returning to this Hon’ble Court. Thereafter, the Learned Metropolitan Magistrate remanded the Petitioner to judicial custody for a period of 14 days.”.The petitioner has also alleged that the thrashing that he was subjected to in and around the court complex revealed a grave dereliction on the part of those who were under the writ of the court to protect him..“That there are elements bent upon intimidating the lawyers and next friend of the Petitioner and preventing them from doing their duty. It was for this reason that while the Petitioner was brought to the Patiala Court house, he was thrashed inside the court room (adjacent to Court room no. 4) as well as in the Court premises. This also shows a grave dereliction on part of those who are generally responsible for ensuring free access to justice and fair trial, and specifically those who were under the writ of this Hon’ble Court to obey, comply and carry out the orders of this Hon’ble Court..….The failure on part of these authorities in their peremptory and most sacrosanct duty to carry out the orders of this Hon’ble Court is a clear violation of the fundamental rights of the Petitioner as well as Art. 144 of the Constitution of India (which mandates and enjoins all authorities civil and judicial to act in aid of the Supreme Court of India).”.Kumar has further submitted that that the environment at the Patiala House Courts complex is not conducive even “for a hearing, much less for a fair trial”. The petitioner has also come hard upon “mobocracy” prevalent in the court premises..“The Petitioner is an innocent person, and his presumption of innocence is sacrosanct. However, the mob at the Court complex was ready to lynch the Petitioner as if the Petitioner is guilty, which erodes a citizen’s faith in the justice delivery mechanism established under the laws by our Constitution. It is incumbent on this Hon’ble Court as the Guardian of the rights of we the people, to safeguard these rights and to reinstate such faith of a citizen of India.” .Regarding moving the Supreme Court directly under Article 32, the petition has narrated the inability of to move the Sessions court for bail..“That since the security granted by this Hon’ble Court was limited to Court room no. 4, and given the prevailing situation; the lawyers representing the Petitioner were in no position to move the Sessions Court for his bail. His lawyers remained under seize till 7 pm, as the Delhi Police was not able to provide security to them for safe exit and kept saying that they are waiting for “enough force” before they could provide a safe exit to lawyers..That there has been a repeated break down of law and order machinery at the Patiala House Court complex, both before and after the order of this Hon’ble Court. It is most serious and egregious that such breakdown does not cease even after the writ of this Hon’ble Court. The situation as it prevails, does not inspire any confidence in the Petitioner and violates his right and aspiration of Justice not only be done, but seem to have been done. The Petitioner’s right of access to justice is gravely and severely impeded.”.He has, therefore, contended that the circumstance prevalent are “exceptional” and call for an “exceptional remedy”..Kumar has also claimed that he is innocent and has been falsely implicated..“The police does not require the custody of the accused for any further investigation and he has been presently been sent to judicial custody..There are reports in public by the Delhi Police which state that no concrete evidence has been found against the Petitioner..That the Petitioner is a student of the Jawaharlal Nehru University, Delhi and not some hardened criminal. No prejudice would be caused to any one, much less the prosecution if the Petitioner is released on bail.”.Based on the above, Kumar has prayed for his release by the Supreme Court “by its extraordinary and most exceptional writ under Art. 32 of the Constitution of India.”.Read Kumar’s petition below.