NEW DELHI: The tussle between the Centre and the AAP government once again surfaced today during the hearing of Kanhaiya Kumar's bail plea in the Delhi High Court with Centre's stand to keep the JNUSU President in jail being vehemently opposed by Delhi government's counsel.
AAP government's advocate Rahul Mehra opposed contention of Additional Solicitor General (ASG) Tushar Mehta that there was evidence that Kanhaiya raised anti-India slogans during the event organised in JNU campus on February 9 saying he was "innocent" as there was "no clinching evidence" against him. "As a state, I pray the court to grant him bail," Mehra told Justice Pratibha Rani and elaborated that "Kanhaiya had not raised any anti-India slogans."
"There is no clear CCTV footage. He is innocent. He is a man who stands by the Constitution," he said. Delhi government's stand came while opposing submissions of the Centre and police, which through ASG Mehta, defended the arrest of Kanhaiya saying there was evidence, including pamphlets and statements of the witnesses, which clearly state that Kanhaiya and others were shouting anti-India slogans and were holding Afzal Guru's posters.
The ASG also submitted that there was a joint probe of the Intelligence Bureau and Delhi Police in which the arrested accused were found raising slogans. Countering his submissions, the Delhi government's counsel questioned the investigation done by Delhi Police in the case saying there were many aspects which were not probed properly by the police.
"I am not a mouthpiece of the investigating agency. I want to raise certain questions on the probe done by the police," he said. Mehra told the bench that police has no answers as to who had taken the permission to organise the event in JNU campus on February 9 but it was clear that it was not Kanhaiya.
"On the posters, Kanhaiya's name is not mentioned. Police officials were present in the event in plain clothes. Why they did not take any action?," he asked. Delhi government's counsel further said, "There was an alarming situation and the police officials present there were aware of it. Despite that, the people who were present there in covered faces were not arrested and were allowed to go away from the campus. Why this was done?"
He, however, clarified that whosoever had raised such slogans should be punished as it cannot be allowed at all. He also argued that there were no clinching evidence that Kanhaiya was involved in raising anti-India slogans and the genesis of the FIR was an alleged "doctored video".
He told the bench that then Police commissioner B S Bassi had said that police would not oppose Kanhaiya's bail plea but the cops have now taken a "u-turn" and there was no reference in their status report about three officials who were present at the spot.
The bench, after hearing the submissions, reserved its order on Kanhaiya's bail plea for March 2.