NEW DELHI: The Indian Supreme Court on Friday transferred the bail plea of Jawaharlal Nehru University Student Union leader Kanhaiya Kumar to the Delhi High Court noting that assuming exclusive jurisdiction over the case would send a wrong impression to lower courts that they are “incapable” of handling it, The Hindu reported.
“I personally believe that if we hear this matter, we will give the impression that other than the Supreme Court, other courts are incapable of handling this situation,” Justice J Chelameswar observed.
Agreeing with Mr Kumar’s lawyer that apprehension to the life and security of the student, his lawyers and journalists is not “fanciful” but genuine, the bench, also comprising Justice Abay Manohar Sapre consciously restrained itself from hearing the bail on the ground of constitutional decorum and mutual respect to their judicial fraternity in the Delhi High Court.
“The Delhi High Court is a constitutional court also,” Justice Chelameswar said.The bench gave Mr Kumar, represented by senior advocates Soli Sorabjee, Raju Ramachandran and advocate Vrinda Grover, liberty to move the High Court on the same day.
The bench asked the high court to take up Mr Kumar’s bail plea expeditiously and ordered all documents and records pertaining to the bail be transferred to the high court forthwith.The Supreme Court entrusted the Centre and the Delhi Police to provide security to those involved in the case when they come to the high court.
“The police are duty-bound and will take care,” Justice Chelameswar said.The bench exuded judicial restraint throughout the hearing, which started at 10.30am. Protests erupted when a separate petition filed by advocate Subhash Chandran alleged that he was attacked in the Patiala House Court complex on February 15 by a mob instigated by the RSS and other extremist organisations.