Sunday 21 February 2016

Can we trust the NHRC report in Kanhaiya Kumar's case? #JNU

There are certainly some dirty games being played in the targeting of JNU and in the Kanhaiya Kumar case.

Whenever something out of the ordinary happens, we must question what exactly is going on, who is benefiting and who could be behind it. 

Now on 17th Feb, we were told in news reports that Kanhaiya had given a hand-written statement to the Court. Some reports stated he had actually written this sitting in court. The reports were that in this statement, Kanhaiya condemned the anti-national slogans, said he had full faith in the Constitution, and was an Indian etc.

B S Bassi referred to this statement when he stated on record on 17 Feb that the Police would not oppose bail for Kanhaiya.

Yet apparently the police counsel did not support the bail plea before the Supreme Court on the 19th. 

On the 19th, reports were published that the NHRC had found that Kanhaiya's statement was not voluntary, was dictated by the police and that Kanhaiya was psychologically pressured. 

Now why this sudden shift in facts on Kanhaiya's written note? Who benefits from it? This note would have helped Kanhaiya get bail. Will the State counsel now argue that Kanhaiya is unrepentant and needed for further interrogation? 

Also why would the NHRC suddenly get involved in this matter suo moto while the case was before the Supreme Court. Kanhaiya's note is before the Metropolitan Magistrate and also likely before the Supreme Court as part of the various documents filed there or at least mentioned in those reports. 

This news report www.livelaw.in/physical-assault-on-kanhaiya-kumar-in-patiala-house-court-is-organized-and-pre-planned-nhrc-report/#.VsiRjSN82AN.twitter states that 

"On 18th February, 2016, the Acting Chairperson, NHRC directed that a team comprising Shri. C. K. Chaturvedi, Registrar (Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central Prison, Tihar to assess arrangements made and measures taken to ensure safety and security of Shri Kanhaiya Kumar in the prison and to ascertain the apprehensions, if any, in his mind with regard to his safety and security. The team also had agenda to ascertain the treatment meted out to him by the police and prison authorities while in custody and whether the statement released to the press by the Commissioner of Police, Delhi in the name of Shri. Kanhaiya Kumar was made by him voluntarily and without any extraneous influence." 

Shouldn't these questions have been put to Kanhaiya by the Court (the MM, or the High court or the Supreme Court) in an open and public hearing. Why is the NHRC interfering in a subjudice matter on a document that the Court is seized off? 

Very conveniently for the Police the NHRC report also records that Kanhaiya has not complained of any mis-treatment by the Police. 

But can we simply believe all this. 

In the normal course in a open hearing, journalists, supporters etc would have heard Kanhaiya speak on these questions. 

Now all we have is a NHRC report where the Commission members have not met Kanhaiya but a police officer and registrar have met him and that too in jail. Can we trust this NHRC report? I would not. 

I hope the High Court or the Supreme Court have Kanhaiya produced before the court where he can be allowed to speak directly to the court in a public and open hearing.

No comments:

Post a Comment