The Delhi government has granted prosecution sanction against former Jawaharlal Nehru University student leader Umar Khalid and PhD scholar at the varsity Sharjeel Imam in connection with a case related to the February communal violence in northeast Delhi, sources said on Friday.
The police can now name them in their supplementary charge sheet, an official said.
In a late evening statement, the government said that this is a purely procedural matter, adding that the elected government has no role to play in this.
'The law department has given its legal opinion after due diligence to the home department of Delhi government. The elected government has no role to play in this.
'Delhi government has not stopped prosecution in any case in the last five years, including those pertaining to Aam Aadmi Party MLAs and party leaders,' it stated.
Earlier in the day, a Delhi government official said that it is up to the courts now to see who are the accused.
The sanction has been given against Khalid, Imam and Faizan Khan in the Delhi riots conspiracy case, in which they were booked under the stringent anti-terror Unlawful Activities (Prevention) Act (UAPA), a police officer said.
The officer said that police have received prosecution sanction from both the Delhi government and the Union Home Ministry against them in connection with Delhi riots conspiracy case.
"We have received prosecution sanction against Umar Khalid, Sharjeel Imam and Khan in connection with a case registered against them under the UAPA. We have received sanctions from both the Delhi government and the Ministry of Home Affairs," the officer said.
The officer added that the Special Cell of the Delhi Police had last month applied for prosecution sanctions against Khalid, Imam and Khan.
The prosecution sanctions were approved by the MHA and Delhi government a fortnight ago, he said.
"To prosecute one under section 13 of the UAPA, we need sanction from the Ministry of Home Affairs, which we have already received. For prosecution under section -- 16, 17 and 18 of the UAPA, we have received sanction from the Delhi government," the officer said.
Khalid was arrested on September 13 under the UAPA act in a case related to communal violence in northeast Delhi.
Hitting out at Chief Minster Arvind Kejriwal, Khalid's father S Q R Ilyas tweeted, 'Arvind Kejriwal unveiled'.
Taking to Twitter, JNU Students' Union president Aishe Ghosh said, 'Mr Kejriwal, each and every betrayal won't be forgotten.'
'I am happy for my friends in the US. Regardless of the final outcome, they can take solace in the fact that they at least have a real opposition,' former JNU students leader Shehla Rashid tweeted quoting a story about sanction to Umar Khalid's prosecution.
Khan was granted bail by the Delhi High Court on October 23. He was arrested on July 29 and booked by the police under various provisions of UAPA, Indian Penal Code, Arms Act and Prevention of Damage of Public Property Act.
According to the police, Khan had provided the SIM to Jamia student Asif Iqbal Tanha, also accused in the case, who in turn gave it to the Jamia Coordination Committee, headed by co-accused Safoora Zargar.
The police had contended that Khan while providing the SIM on a fake ID was aware that it would be used to organise protests against the CAA.
The Special Cell of the Delhi Police had named in its charge sheet 15 accused under the provisions of stringent Unlawful Activities (Prevention) Act in connection with the violence that erupted in the northeast parts of the national capital in February.
The accused include Pinjra Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Tanha, Gulfisha Khatoon, former Congress Councillor Ishrat Jahan, Jamia Coordination Committee members Zargar, Meeran Haider, Shafa-Ur-Rehman, suspended AAP Councillor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.
They have been listed in the charge sheet for allegedly being part of a larger conspiracy in the riots.
Imam and Khalid have also been arrested under the anti-terror law in the case but no charge sheet has been filed yet.
Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.