Kanhaiya's bail: Justice Rani makes some unusual observation

While many are heaving a sigh of relief with Kanhaiya Kumar’s interim bail, there is much that lies behind the order which could cause deep worries for students of Jawaharlal Nehru University (JNU) and all those who believe in the right to free speech.

Justice Pratibha Rani of the Delhi High Court who granted six months' interim bail to JNU Students Union President Kanhaiya Kumar on Wednesday evening, quoted film song lyrics and surgical procedures before deciding that Kumar should be awarded a bail.

Justice Rani quoted the lyrics of a patriotic song from Bollywood movie Upkaar , and went on to suggest that “it has to be kept in mind by all concerned that they are enjoying this freedom only because our borders are guarded by our armed and paramilitary forces. Our forces are protecting our frontiers in the most difficult terrain in the world i.e. Siachen Glacier or Rann of Kutch.”

She explained, “Suffice it to note that such persons enjoy the freedom to raise such slogans in the comfort of University Campus but without realising that they are in this safe environment because our forces are there at the battle field situated at the highest altitude of the world where even the oxygen is so scarce that those who are shouting anti-national slogans holding posters of Afzal Guru and Maqbool Bhatt close to their chest honoring their martyrdom, may not be even able to withstand those conditions for an hour even. The kind of slogans raised may have demoralizing effect on the family of those martyrs who returned home in coffin draped in tricolor."

In what could be a troubling prospect for Kumar’s defence lawyers, Justice Rani raised questions on whether the Jawaharlal Nehru University Student Union President should be held responsible for any ‘anti-national’ event organised in the campus.
“The petitioner takes shelter under the speech made by him on 11th February, 2016 affirming his allegiance to the Constitution of India to defeat the forces indulged in disintegration of the country. Whether the speech dated 11th February, 2016 by the petitioner contains his original thoughts and faith in the Constitution and nationalist approach, or the speech was to create a safety gear for himself is again something which cannot be examined by this Court at this stage. As President of Jawaharlal Nehru University Students Union, the petitioner was expected to be responsible and accountable for any antinational event organised in the campus,” she said.  

The High court judge categorically mentioned, that “the slogans raised (in) JNU ... cannot be claimed to be protected as fundamental right to freedom of speech and expression” and went on to declare that “this as a kind of infection from which such students are suffering which needs to be controlled/cured before it becomes an epidemic”.

Following this she went on to explain her preferred line of treatment for what she thought as the "infection". “Whenever some infection is spread in a limb, effort is made to cure the same by giving antibiotics orally and if that does not work, by following second line of treatment. Sometimes it may require surgical intervention also. However, if the infection results in infecting the limb to the extent that it becomes gangrene, amputation is the only treatment," she said.