Sanction to prosecute Kanhaiya sedition case still pending: Delhi police tells court

New Delhi: Delhi's Patiala House Court on Friday posted the hearing in JNU sedition case for December 11 after Public Prosecutor Vikas Singh informed the court that the sanction to prosecute Kanhaiya Kumar and others is still pending.

Chief Metropolitan Magistrate (CMM) Manish Khurana adjourned the matter after Singh's reply and issued the summons to the investigation officer of the case.

Earlier on September 18, Singh filed a reply letter from the Deputy Secretary of the Home Department, stating that the matter is still under consideration and decision has not been taken till now.

The reply copy also stated that the concerned file is pending before Health Minister Satyendra Kumar Jain who is also handling the Home department.

Under the Code of Criminal Procedure (CrPC), the court cannot take cognisance of the police chargesheet without sanction from the home department of the concerned state.

In the charge sheet filed in a court in January, Delhi Police said there were video footages wherein Kumar is "seen leading the students who were raising anti-national slogans" and he had been identified by the witnesses in the videos.

"The location of mobile phone at the place of occurrence" was also cited as evidence against Kumar in the 1200-page charge sheet.

The police said the Forensic Science Laboratory had retrieved an SMS sent by Khalid to Kumar, asking him to "arrive at Sabarmati Dhaba, JNU, as their permission had been cancelled by the JNU administration."