History will not forget Hon’ble Justice Pratibha Rani’s Speech at the ‘crossroad’ of Kanhaiya Kumar v. State of NCT of Delhi [Writ Petition (Crl.) 558 of 2016]. I would elevate her to the Supreme Court, immediately.
“While dealing with the Bail Application of the Petitioner, it has to be kept in mind by all concerned that they are enjoying this freedom only because our borders are guarded by our armed and paramilitary forces. Our forces are protecting our frontiers in the most difficult terrain in the world i.e. Siachen Glacier or Rann of Kutch. Suffice it to note that such persons enjoy the freedom to raise such slogans in the comfort of University Campus but without realizing that they are in this safe environment because our forces are there at the battle field situated at the highest altitude of the world where even the oxygen is so scarce that those who are shouting anti-national slogans holding posters of Afzal Guru and Maqbool Bhatt close to their chest honoring their martyrdom, may not be even be able to withstand those conditions for an hour even.
The Petitioner belongs to an intellectual class pursuing Ph.d. from International School of Studies, Jawaharlal Nehru University, which is considered as hub of intellectuals. He may have any political affiliation or ideology. He has every right to pursue that but it can be only within the framework of our Constitution.
During the period spent by the Petitioner in judicial custody, he might have introspected about the events that had taken place. To enable him to remain in the main stream, at present I am inclined to provide conservative method of treatment. Taking into consideration the facts and circumstances, I am inclined to release the Petitioner on Interim Bail for a period of Six Months.
The observations… shall not be considered as an expression on merits.”