The Supreme Court on Friday transferred the bail plea of JNUSU President Kanhaiya Kumar to the Delhi High Court and asked it to expeditiously deal with the matter, while declining to entertain the petition saying its direct intervention will be a dangerous proposition.
"You are leading a dangerous proposition. If this court will entertain it, it will become a precedent which will be available to all the accused in the country. Wherever there will be sensitive cases involving political persons or prominent persons or others...you know the atmosphere in the court. So in every case if it is said that Supreme Court is only the court, it would be a dangerous precedent," a bench comprising justices J. Chelameswar and A. M. Sapre said.
Further, it said, "Remember, this is not the only case of this type."
While transferring the bail plea of Kanhaiya, who has been charged with sedition, the bench took an assurance from Solicitor General Ranjit Kumar that in the "prevailing extraordinary situation" pertaining to this matter, the Government of India and the Delhi Police Commissioner would provide adequate safety and security to the accused and a stream of lawyers who will be appearing in the High Court.
The bench also said that the counsel for all the parties would be given preference while entering into the court room at the High Court and the Registrar General would be responsible for limiting number of people to be allowed to enter inside.
The bench which asked the High Court to expeditiously deal with the matter did not give any specific date for listing it.
The Supreme Court permitted the counsel for Kanhaiya to amend his petition, which is to be filed shortly in the Delhi High Court.