Yashpal Singh, a lawyer, assaulted JNU Students’ Union President Kanhaiya Kumar in the Patiala House court complex when he was presented there. Yashpal was also part of the group that assaulted journalists, students and academics. He has cases of cheating and fraud against him. His actions at the courthouse, as well as his boasts about beating up Kanhaiya in police custody have been caught on camera. Yashpal Singh was released on bail within hours of his arrest.
Kanhaiya Kumar, a scholar and student leader was arrested on 12 February for what is at worst, a speech-act. So far, no conclusive evidence has come to light to substantiate the charges of sedition. He is still in custody, and his bail plea is yet to get a proper hearing. His next court date is on 29 February.
What is the legal rationale behind this disparate treatment?
The Evidence Against Kanhaiya
The charges against Kanhaiya Kumar are based on alleged ‘anti-national’ slogans that he raised on 9 February, on the JNU campus. Some news channels even began airing videos that purportedly showed Kanhaiya in the act. Since then, the authenticity of the videos has been questioned.
Another video, shot hours before Kanhaiya’s arrest shows him condemn the allegedly anti-national statements, as well as swearing by the Indian constitution. In the speech, Kanhaiya also spoke in favour of Ambedkar and against the ruling BJP and its parent organisation, the RSS.
https://www.youtube.com/watch?v=KMi0D__l7IE
The Delhi Police has claimed that it has enough video evidence to make a case against Kanhaiya and has opposed his bail, as they want to question him further.
A National Human Rights Commission (NHRC) report released last week has slammed the Delhi police for not preventing what it called a pre-planned attack on Kanhaiya. The report also says that he is being subjected to “psychological pressure” during his interrogation.
The Evidence Against Yashpal Singh
Yashpal Singh, a Delhi-based lawyer has been seen on video attacking Kanhaiya Kumar and others. Then, in a sting operation conducted by India Today Television, Yashpal Singh and Vikram Chauhan (another lawyer who was part of the attack on Kanhaiya Kumar) expressed pride at their actions and described beating up the student leader for three hours.
Yashpal even says that if arrested, he will take a petrol bomb into prison and talks about attacking Kanhaiya in his cell.
‘Even if I am charged with murder, I will not leave him (Kanhaiya Kumar)’ #OperationPatialaHouse #NEWSROOM https://t.co/GNmOzNJn3X
— India Today (@IndiaToday) 22 February 2016
It has now emerged that Yashpal Singh also has a criminal past. According to a report in Times of India, he faces charges of fraud and cheating for trying to sell a dead woman’s plot in 2014.
Aggressive Prosecution and Judicial Conservatism Causing Kanhaiya’s Plight?
So why is it that Kanhaiya is still in jail while his attackers are out on bail? The answer is simple. The sedition charges against Kanhaiya carry a far greater prison sentence than those against Yashpal Sharma.
The charges against Kanhaiya Kumar (Section 124B of IPC) carry a heavy sentence, life in prison. The charge against Yashpal Singh, Causing Hurt (Section 323 of IPC), carries a far lesser sentence, up to one year in prison and getting bail is usually easier and faster.
Sanjay Hegde, Senior Advocate, Supreme Court of India
However, in Kanhaiya’s case, the police and the prosecution have taken an aggressive stand.
In an earlier statement, Commissioner BS Bassi had said that they would not oppose Kanhaiya’s bail plea. On Tuesday, the police changed its mind saying that if he is released Kanhaiya would “impact the investigation and influence witnesses”.
Originally posted by The Quint