Lashing out at the JNU students accused of raising
anti-India slogans and charged with sedition, the Delhi High Court on
Tuesday said that it cannot allow them to surrender the way they deemed
fit as it would mount to be going by the ‘whims and fancies’ of the
accused.
"There are procedures under the statute which have
to be followed," Justice Pratibha Rani said while expressing her
disagreement with the plea of JNU students — Umar Khalid and Anirban
Bhattacharya — that they be given a safe passage and be allowed to
choose the place of their surrender.
The judge said, "One should not exceed the scope of any petition and
the prayer made in it" which included that the accused on surrender be
sent to judicial custody by the high court itself instead of producing
them before a trial court."The remand proceedings have to be done by a trial court and it (high court) cannot go by their (the two petitioners') whims and fancies.
"The moment the accused are arrested, he or she
has to be produced within 24 hours before a trial court judge, who will
decide the remand of the accused persons," the judge said.
When advocate Kamini Jaiswal, appearing for the
students, argued for the need of safe passage to surrender, Justice Rani
slammed "What do you mean, I should give you safe passage? Why this
court (not trial court)? Let us go by the procedure."
The two accused, who have been booked under
sedition law for raising anti-national slogans on the campus, submitted
they are constantly receiving "life threats" and police was not taking
adequate measures to protect them.
The court, however, asked the two to mention a
place for their surrender, other than the high court, confidentiality of
which will be maintained.
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