Jawaharlal Nehru University Student's University President Kanhaiya Kumar, arrested on sedition charge, had not only participated in the event where anti-national slogans were allegedly raised in the JNU campus but had "actually organised" the programme, Delhi Police on Wednesday told the Delhi high court.
In its 13-page status report filed before Justice Pratibha Rani, the police claimed that besides Kanahiya and other accused persons, some "foreign elements" were also present during the event on February 9 in the JNU and they had covered their faces to hide their identity.
"During the course of the investigation, statements of various eye-witnesses, who were found present on the spot, were recorded. It has come during the course of investigation that accused Kanhaiya, the petitioner herein (for bail), not only participated in the said event but actually organised the same in connivance with other accused persons," the police said in its status report.
It said, "It is pertinent to mention here that shockingly the incident dated February 9 records the presence of foreign (elements) with their mouths covered which sufficiently came during the course of investigation.
"The investigation agency is looking for linkage between the petitioner (Kanhaiya), his co-accused and the said foreign elements who were hiding their identity by covering their faces," it said.
While opposing Kanhaiya's bail plea, the police said that it was "an open secret" that the event has ramification not only within India but has "an international impact" as well.
The investigation of the present case is at a stage and in case the liberty of bail is granted to the petitioner, the very line of investigation will be adversely affected, it said.
The status report, which was filed in pursuance to the court's direction, said that the unedited video footage of the incident, which was procured from a private news channel, was "not the footage which is being debated as 'doctored' in various sections including petitioner as alleged by the media".
"But it is a totally different and contemporaneously recorded raw unedited video footage. However, video is not the sole evidence on the basis of which the investigation is proceeding with," it said.
The status report was filed in the court during the hearing on Kanhaiya's bail plea which has now been posted for February 29.
Police alleged that Kanhaiya had not cooperated during the interrogation and he is "likely to commit same/similar offences if released on bail".
It said that the probe regarding source of finance for all the activities which resulted into the alleged incident was going on and police is also examining the CCTV footage of the cameras which were provided by the university.
"After the seditious act of the petitioner (Kanhaiya) and the co-accused, the said anti-national perception has percolated in other parts of the country and there are stray instances wherein processions were taken out 'honouring' the'martyrdom' of Afzal Guru, Maqbool Bhat etc.
"If the petitioner is released on bail, he can become a relying point to encourage such anti-India movements which would not only spread disaffection but would also be contemptuous since the conviction recorded by the competent courts including the Supreme Court is termed as 'judicial killing' which according to the petitioner and co-accused persons is the result of 'Brahminical collective conscience," it said.
Police said they were analysing CCTV footage provided by JNU authorities and were probing as to whether "any person with a possible anti-national background entered and or stayed in the complex which may have a direct nexus with commencement of a possible anti-national movement in the country since some persons hiding their faces are found to be present".
It contended that if Kanhaiya is granted bail, it would send a "very wrong signal" to the students community across the country that such alleged anti-India activities can be conducted with immunity and eventually one comes out after imprisonment of couple of weeks or days.
The report also said that police have identified the students who were leading the procession and were found shouting slogans which were "anti-national, anti-constitutional, against the organs of the government and against the sovereignty and integrity of the nation".
Police said they were conducting a probe regarding the persons and organisations which were behind such "non-educational activities in the campus and the object behind it in larger national perspective".
