The Delhi government gives permission to prosecute Kanhaiya Kumar in case of sedition | Delhi News
On January 14 of last year, the police presented a sheet of charges in court against Kumar and others, including former UNS students Umar Khalid and Anirban Bhattacharya, stating that they were leading a procession and supported the seditious slogans that were raised in the campus during an event on February 9, 2016. The police at the same time had filed a request for sanction of government prosecution.
The AAP government obtained a legal opinion on the matter before making a final decision.
On February 19, Prime Minister Arvind Kejriwal had said that the Delhi government would probably make an “early decision” on the sanction of the accusation against Kumar and others in the case of sedition.
The Code of Criminal Procedure establishes that for crimes against the state (such as war against the government, sedition, etc.), the court cannot know the police charges sheet without the sanction of the department of origin of the state in question. In this case, the police have invoked IPC Section 124A related to the sedition charge against Kanhaiya and other students.
The Delhi government had repeatedly questioned the urgency of the Delhi Police by presenting an “incomplete charge sheet without obtaining prior sanction from the competent authority.” The department of origin had previously indicated that the investigating agency (Delhi Police) had requested their approval only after presenting the charges sheet in court.