Important Point – Freedom of speech guaranteed to citizens of India has constitutional limits.

PRATIBHA RANI, J. (Oral)

1. ‘Rang hara Hari Singh Nalve se,

Rang laal hai Lal Bahadur se,

Rang bana basanti Bhagat Singh,

Rang aman ka veer Jawahar se.

Mere Desh ki Dharti sona ugle

Ugle here moti mere desh ki dharti’

2. This patriotic song from ‘Upkaar’ by Lyricist Indeevar symbolizes individual characteristics representing by different colours and love for motherland.

3. Spring season is a time when nature becomes green and flower blooms in all colours. This spring why the colour of peace is eluding the prestigious Jawaharlal Nehru University (JNU) situated in the heart of Delhi needs to be answered by its students, faculty members and those managing the affairs of this national university.

4. On 9th February, 2016 a programme was proposed to be organised under the title ‘Poetry Reading – The Country Without A Post Office’ at Sabarmati Dhaba, Jawaharlal Nehru University. Since the title of the programme did not suggest anything objectionable, permission was granted. When the posters of the said programme revealed the topic of the programme to be organized that evening, the authorities at JNU acted swiftly by cancelling the permission and communicating the same to the organizers as well the security staff. What followed thereafter has been recorded in FIR No.110/2016 under Section 124-A/34 IPC at PS Vasant Kunj North. The status report shows that now the case is under investigation for the offence punishable under Sections 124-A/120-B/34/147/149 IPC.

5. In the writ petition bearing W.P.(Crl.) No.29/2016 the Supreme Court on 19.02.2016 ordered for transmitting the record of bail petition of petitioner Kanhaiya Kumar to High Court of Delhi for hearing by passing the following order:-

‘After hearing learned counsel for the petitioner, learned Solicitor General and the submissions of other members of the Bar (who volunteered to make submissions in this matter), we are of the opinion that the present petition be transmitted to the Delhi High Court for consideration of the prayer for bail of accused Kanhaiya Kumar in FIR No.110/2016 filed at PS Vasant Kunj, New Delhi. We also grant liberty to the petitioner to file such further petitions or other material which he deems appropriate to bring the application in tune with the requirement of law. We permit the petitioner to move the Delhi High Court today. We request the Delhi High Court to consider the application expeditiously and pass appropriate orders in accordance with law.

Having regard to the background in which the instant application came to be filed, certain apprehensions were expressed at the Bar on behalf of the petitioner and other learned members of the Bar that some special precautions are required to be taken which the proceedings are taken by the Delhi High Court to ensure the safety of the learned counsel appearing for the petitioner and also the journalists.

Having regard to the history of the case, we deem it appropriate to request the High Court to take such appropriate steps at it deems fit and proper to ensure the peaceful conduct of the proceedings. We also place on record that the learned Solicitor General appearing for the Union of India as well as the Commissioner of Police, Delhi assure that all necessary precautions will be taken in consultation with the Registrar General of the Delhi High Court for the peaceful conduct of the case.

The writ petition is disposed of and transmitted to the Delhi High Court. The Registry is directed is transmit the papers to the Delhi High Court forthwith along with the order.’

6. This is how the bail application of the petitioner made in W.P.(Crl.) No.558/2016 is being heard by this Court.

7. The writ petitioner before this Court seeks his release on bail in case FIR No.110/2016 under Sections 124-A/120-B/34/147/149 IPC registered at PS Vasant Kunj North asserting that the charge of sedition levelled against him is false as he has never made any seditious utterances or raised any anti-national slogans on 9th February, 2016.

8. Refe