The Delhi government has not given sanction yet to prosecute former-JNU Students' Union President Kanhaiya Kumar and others, the Patiala House Court was told on Wednesday.
The Delhi police and public prosecutor told the court that the sanction of chargesheet is still pending with the Home Department.
Public prosecutor Vikas Singh has also filed a reply letter in the court.
A letter from the Deputy Secretary of the Home Department, states that the matter is still under consideration and decision has not been taken till now.
The reply copy also states that the concerned file is pending before Health Minister Satyendra Kumar Jain who is also handling the Home department.
Chief Metropolitan Magistrate Manish Khurana posted the matter for 3 pm today to pass a direction in the matter as the matter is pending for a long time.
Under the Code of Criminal Procedure (CrPC), the court cannot take cognisance of the police chargesheet without sanction from the home department of the concerned state.
In the charge sheet filed in a court in January, Delhi Police said there were video footages wherein Kumar is "seen leading the students who were raising anti-national slogans" and he had been identified by the witnesses in the videos.
"The location of mobile phone at the place of occurrence" was also cited as evidence against Kumar in the 1200-page charge sheet.
The police said the Forensic Science Laboratory had retrieved an SMS sent by Khalid to Kumar, asking him to "arrive at Sabarmati Dhaba, JNU, as their permission had been cancelled by the JNU administration."