The Delhi government is examining an opinion of its standing counsel to prosecute former JNU students' union president Kanhaiya Kumar and others in a sedition case, sources said on Tuesday.
According to them, standing counsel (criminal) Rahul Mehra in his opinion said that in the original complaint, there was no mention of anti-national sloganeering by anyone having a "pernicious tendency or intention of creating public disorder or disturbance of law and order" during the entire incident on February 9, 2016.
The Delhi government has so far not given prosecution sanction in the JNU sedition case.
The high-level committee was constituted by the university vice-chancellor on February 11, 2016, to probe the matter.
The committee confirmed indiscipline and unruly behaviour simpliciter and did not recommend any criminal proceedings, Mehra is learnt to have said in his opinion.
The sources said that an "unevenness" between the statement of the actual witnesses and the technical evidence, including on the issues of presence in the protest march and alleged action during the march, in furtherance of the common object is apparent.
The investigation agency has used the technical evidence as the deciding factor to determine that "insufficient evidence" is available for not charge-sheeting 36 accused, which includes the case of students who were indicted by the high-level committee, they said.
"The Delhi government has received the opinion of its standing counsel (criminal) and it is being examined," a source said, adding the government is examining why the principle of natural was allegedly fluted.
In January, nearly three years after Kumar and nine others were accused of raising anti-India slogans, Delhi Police had charged them with sedition.
In the charge sheet, police claimed that the footage was genuine and the presence of students belonging to Kashmir was also established through mobile clips and videos.