A Tale of Two Bails: Kanhaiya Kumar and the Man Who Brutalised Him

Kanhaiya Kumar was granted bail after 3 weeks in custody. The man who attacked him got bail within hours.

Has the criminal justice system been fair to Kanhaiya Kumar? (Photo: Rahul Gupta/The Quint)

Yashpal Singh, a lawyer, assaulted JNU Students’ Union President Kanhaiya Kumar in the Patiala House court complex when he was presented there. Yashpal was also part of the group that assaulted journalists, students and academics. He has cases of cheating and fraud against him. His actions at the courthouse, as well as his boasts about beating up Kanhaiya in police custody have been caught on camera. Yashpal Singh was released on bail within hours of his arrest.

Kanhaiya Kumar, a scholar and student leader was arrested on 12 February for what is at worst, a speech-act. So far, no conclusive evidence has come to light to substantiate the charges of sedition. He was given bail by the Delhi High Court after 18 days in custody.

What is the legal rationale behind this disparate treatment?

The Evidence Against Kanhaiya

Kanhaiya Kumar was roughed up by lawyers at the Patiala House Court complex. (Photo: ANI Screengrab)

The charges against Kanhaiya Kumar are based on alleged ‘anti-national’ slogans that he raised on 9 February, on the JNU campus. Some news channels even began airing videos that purportedly showed Kanhaiya in the act. Since then, the authenticity of the videos has been questioned.

Another video, shot hours before Kanhaiya’s arrest shows him condemn the allegedly anti-national statements, as well as swearing by the Indian constitution. In the speech, Kanhaiya also spoke in favour of Ambedkar and against the ruling BJP and its parent organisation, the RSS.

The Delhi Police claimed that it has enough video evidence to make a case against Kanhaiya and opposed his bail, as they wanted to question him further.

A National Human Rights Commission (NHRC) report slammed the Delhi police for not preventing what it called a pre-planned attack on Kanhaiya. The report also said that he was subjected to “psychological pressure” during his interrogation.

The Evidence Against Yashpal Singh

Yashpal Singh, a Delhi-based lawyer has been seen on video attacking Kanhaiya Kumar and others. Then, in a sting operation conducted by India Today Television, Yashpal Singh and Vikram Chauhan (another lawyer who was part of the attack on Kanhaiya Kumar) expressed pride at their actions and described beating up the student leader for three hours.

In the video, Yashpal even says that if arrested, he will take a petrol bomb into prison and talks about attacking Kanhaiya in his cell.

It has emerged that Yashpal Singh also has a criminal past. According to a report in Times of India, he faces charges of fraud and cheating for trying to sell a dead woman’s plot in 2014.

Aggressive Prosecution and Judicial Conservatism Causing Kanhaiya’s Plight?

So why is it that Kanhaiya spent so long in jail while his attackers were free within hours? The answer is simple. The sedition charges against Kanhaiya carry a far greater prison sentence than those against Yashpal Sharma.

The charges against Kanhaiya Kumar (Section 124B of IPC) carry a heavy sentence, life in prison. The charge against Yashpal Singh, Causing Hurt (Section 323 of IPC), carries a far lesser sentence, up to one year in prison and getting bail is usually easier and faster. 

Sanjay Hegde, Senior Advocate, Supreme Court of India

However, in Kanhaiya’s case, the police and the prosecution have taken an aggressive stand.

In an earlier statement, former Commissioner BS Bassi had said that they would not oppose Kanhaiya’s bail plea. Later, the police changed its mind saying that if he is released Kanhaiya would “impact the investigation and influence witnesses”.

The judiciary, however, could have acted in favour of Kanhaiya if it chose to.

In Kanhaiya’s and the other students’ case, it is clear that the prosecution is throwing the book at them. They are using standard delaying tactics and opposing his bail. The judiciary is not powerless and it has the discretion to act in favour of the accused. For now, though, they seem to be following the conventional path.

Sanjay Hegde, Senior Advocate, Supreme Court of India

Kanhaiya Kumar has spent nearly three weeks in custody and had been assaulted in a court of law. The man who assaulted him spent less time with the police than the average Bollywood film.