Sunday Interview: Students must be released, they've been arrested without evidence'

What do you think about the slapping of “sedition” charges under IPC Section 124A on JNU Students’ Union president Kanhaiya Kumar?
The issue of “sedition” came up before the Supreme Court in the case of Kedar Nath Singh vs State of Bihar in 1962. The court while reading down the provision said that “comments, however strongly worded, expressing disapprobation of actions of the government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence” is not sedition.

Therefore, mere slogan shouting against the state or the government established by law which is not intended to have the “effect of subverting the government” by violent means, and which is not intended to, nor has the tendency, to create disorder or disturbance of public peace, law and order by resort to violence, and which does not incite violence will not amount to the crime of sedition under Section 124A of the IPC. Also, we don’t know whether the slogans were actually raised or the allegations are based on forged or fabricated videos as the three or four videos in circulation have turned out to be.

Do you feel that the sedition charge must be deleted from the statute book? Are existing laws sufficient to deal with situations similar to the JNU incident?
Sedition charge must be deleted. IPC Section 505 can take care of any such situation. The sloganeering by Mr Kumar, Umar Khalid and Anirban Bhattacharya could be objectionable to some people. It is neither an offence under any law nor can it be termed as sedition. Home minister Rajnath Singh made allegations based on fake Twitter handles and fabricated videos without even testing their authenticity or veracity. The accused students should be released immediately as they have been arrested without any evidence.

Do you justify JNU students shouting slogans on the hanging of Parliament attack convict Afzal Guru, calling it “judicial killing”? Can universities encourage students to air such views and claim freedom of speech?
It is settled law that the fundamental rights conferred on every citizen include the right to criticise even a judgement of the Supreme Court and claim that, in one’s opinion, the judgement is incorrect. In saying so, the citizen is exercising his/her right and cannot be faulted in law. One may or may not agree with the views, but it does not become anti-national. Universities are supposed to encourage different kinds of views, howsoever popular or unpopular they might be. As long as there is no incitement to violence or public disorder, there is nothing wrong in having extreme views.

Do you think that intolerance in various walks of life has increased ever since the Narendra Modi government came to power in 2014?
What we are witnessing today is a full-fledged onslaught by the RSS and the BJP to intimidate academics and intellectuals. Certain elements in the BJP and RSS want to make India a fascist state, where mere discussion in society leads to imprisonment.

What do you think about the attack on Mr Kumar by lawyers inside the Patiala House courts?
It is a clear case of inaction by the Delhi Police. In the recent sting operation by TV channels, three lawyers have been filmed openly saying that they beat up Mr Kumar for three hours in the presence of police personnel. In fact, they are claiming that the police was not only supporting them but also appreciating their acts. The three lawyers have admitted that the attacks were not spontaneous, but pre-planned, and that they will repeat the same acts of violence when Mr Kumar is produced in Patiala House courts again.

One of them even said that he will get a petrol bomb next time and will not leave him (Mr Kumar) even if he is charged with murder for doing so. He has also stated in front of the camera that if he is arrested, he would like to go to the same jail and visit Mr Kumar’s cell and beat him up.

What do you think is the game plan of the government?
There’s a public perception that the BJP is not doing anything, whether it is about bringing down corruption, bringing back black money from abroad as promised or to kickstart the economy. Whatever dalit support the BJP had earlier, has come down after Rohith’s suicide and this must have been the reason for putting curbs on the JNU. The BJP government is desperate about its growing unpopularity.