The Delhi High Court has stayed the suspension of students who were protesting without permission at Jamia Millia Islamia University.
The suspension order, issued by the Chief Proctor, also included a ban on the students’ entry into the campus.
The court’s ruling came after the students challenged the suspension, which followed a protest against a letter from the Chief Proctor, dated February 12, which prohibited students from protesting without prior approval.
Background Of The Case
The university suspended the students for allegedly protesting without prior permission and causing damage to public property.
The students organized these protests in response to the Chief Proctor’s directive, which banned unauthorized protests and meetings within the university.
The students contended that their protest was peaceful and aimed at voicing their concerns regarding the restriction on their right to protest freely.
In total, 17 students were allegedly suspended for their participation in these demonstrations.
The students filed a petition challenging the suspension, arguing that their actions were in line with their right to peacefully protest, as protected by the Constitution.
In response, the High Court issued a notice and directed the university administration to stop taking further punitive action until the matter was fully addressed.
Court’s Observations & Ruling
Justice Vikas Mahajan, who heard the case, noted that while the court was not addressing the reasons for the protest at this stage, it appeared from the records that the protest was peaceful.
The judge further emphasized that students, particularly at the university level, have the right to express their views, as long as they do so within the bounds of the law.
The court observed that peaceful protests are an essential part of democratic society, helping students raise their voices on various social and political issues.
Additionally, the court pointed out that the students involved in the protests were relatively young and their actions were within the framework of lawful dissent.
The court expressed confidence that the university administration, including the Vice Chancellor, Dean, and Chief Proctor, would take immediate corrective measures to defuse the situation and restore peace.
Formation Of A Committee For Resolution
To address the situation and promote reconciliation, the court directed the university to form a committee under the supervision of the Vice Chancellor.
The committee will include student representatives and university officials to discuss and resolve the issue in a manner that is fair and in line with the university’s policies.
The court also clarified that its ruling would not affect any criminal charges filed against the students in connection with the protest.
The court will consider the students’ legal challenges regarding the suspension and the protest separately as the case progresses.
The Delhi High Court’s intervention in the Jamia Millia Islamia protest case highlights the importance of upholding the right to peaceful protest in academic institutions.
By staying the suspension and directing the formation of a committee, the court seeks to foster dialogue between the students and the university administration, ensuring that they resolve issues in a manner that respects students’ rights and promotes a peaceful campus environment.
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