On February 17, Delhi Police Commissioner BS Bassi said that, though he wasn't giving sedition-accused Jawaharlal Nehru University Student Union president Kanhaiya Kumar a "clean chit", he would not oppose his bail. Six days later, on Tuesday, Bassi had turned 180 degrees on the issue, with the police chief objecting to Kumar being granted bail in the Delhi High Court.
Bassi attempted to explain this U turn. "The circumstances when I had said so, those have totally changed," the police commissioner said.
First, Bassi brought up an appeal written by Kumar that he had tweeted out from his own account, on the day that the JNUSU president's appearance in court also saw violence breakout.
In the letter, Kumar insists that he is an Indian who believes in the Constitution. "I believe in the peace and unity of India and I do not endorse any unconstitutional activities." the letter said. "I oppose the unfortunate event which occurred in our university on February."
Another chance for Kanhaiya?
This had inspired Bassi to not only say that the Kumar – who had been accused of sedition and turned into a demon by news organisations – was a young person who "deserved another chance". At the time, leaked reports from the Home Ministry also suggested that Delhi Police had overreacted in its sedition charge against Kumar, who has not been caught on tape making any sedition statements.
A few days later, however, this appeal by Kumar turned out to be questionable. The National Human Rights Commission, which visited Kumar in jail, came out saying that Kumar had been assaulted by persons dressed as advocates in the Patiala House Court premises on February 17.
A sting operation by India Today Television seemed to confirm that Kumar had been subjected to custodial abuse.
The National Human Rights Commission statement went further. It claimed that the appeal Bassi had tweeted out was not written voluntarily by Kumar. "The content, construction and framework of the statement were as dictated by the police," the NHRC said.
Doctored evidence
And it wasn't just the NHRC that has complained about the events of that day. A Supreme Court-deputed panel of lawyers that visited the court also said that Kumar had been assaulted. The Delhi Police was criticised for turning up at the houses of journalists who have been covering the JNU case. Crucially, it turned out that one of the most important pieces of evidence in the case was actually doctored.
Bassi was certainly right, the circumstances had indeed changed. In the six days between the commissioner's contradictory statements, enough information had emerged to question the Delhi Police's ability to ensure the safety of the accused in the JNU case and even its capability at carrying out the investigation. If anyone had become less reliable in this intervening period, it has been Delhi Police itself.
Bassi's eventual statement, however, suggested that it was Kanhaiya's reputation that had worsened.
"We have reasonable apprehension that if he [Kanhaiya] comes out on bail, he is bound to impact the investigation and influence witnesses," Bassi said. "He is also likely to indulge in activities that are violative of penal laws."
Kanhaiya vs Khalid
This is of course fairly boilerplate stuff from the police against accused persons, but it usually isn't said about someone who the police commissioner had earlier said "deserves a chance".
There is one other thing that has changed between Bassi's statements on the bail plea. When he said the Delhi Police wouldn't oppose bail earlier, the other allegedly seditious students, including Umar Khalid, had not yet been located.
There were murmurs within the JNUSU camp that police would permit Kumar to get bail in such a way that the student movement that has developed after his arrest would not fall in line behind Khalid and the other then-absconding students.
By resurfacing on Sunday evening and making their freedom a larger question of JNU's independence, Khalid and the others have forced Kumar's hand. If he were to emerge from jail now, he would almost certainly support his fellow JNU students (unless, of course he wants to risk his reputation). This means that police have nothing to gain tactically by permitting Kumar to go free.
Indeed, circumstances have changed.
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