New Delhi: While staying the suspension of Jamia Millia Islamia students who protested on campus in February, the Delhi High Court on Tuesday said participation in such peaceful protests were the part of the “training to inculcate the basic principles and norms of civil society”.
Justice Dinesh Kumar Sharma also found the manner in which the university handled the protest worrisome.
“Without going into the veracity of the submissions of either of the parties, the perusal of the record itself made the court worry about the way the protest, being undertaken by the students, is handled by the university. The court is not looking at the reason for the protest at the moment but the documents as shown by the petitioners prima facie show that it was a peaceful protest,” the court said.
The high court ordered the constitution of a “peace” committee of university officials under the supervision of the vice-chancellor to resolve the issue and calm the situation down, and said they should also involve student representatives in the discussions.
The suspensions were stayed till April 2 on four separate pleas of seven students who were suspended and barred from the campus by a February 12 order of the proctor.
The university was directed to file a report in the matter within a week.
All students, who were of tender age, went to the university to “certainly make an endeavour” to raise their voice within the framework of the law, the court said.
The judge added, “Rather, participation in such peaceful protests are the part of the training to inculcate the basic principles and norms of civil society. The court is fully confident that the administration of the university — the vice-chancellor, dean and proctor — shall immediately take remedial steps so as to assuage and calm down the situation.”
The students through their counsel argued it was a peaceful protest and they had obtained the requisite permission.
Jamia’s counsel Amit Sahni and Kisley Mishra said not only the students had no permission to hold the protests but they also damaged university property.
The protest was nowhere related to academia and students were sleeping outside the canteen which was not permissible, the counsel added.
Delhi Police had detained some protesting students in February following which other students claimed those detained remained untraceable for hours, only fuelling more protests.
All students were, however, released after nearly 12 hours.
The court said, “Ask the proctor, principal, whosoever is there. You have to handle children carefully. If somebody is indulging in criminal activity, definitely action should be taken….”
The court added it hadn’t gone into the criminal cases registered against the students and its order would not be detrimental to them.
The students claimed the suspensions came without an opportunity to be heard and the order was arbitrary, unlawful, and a blatant violation of the principles of natural justice.
One of them said the suspension order caused her severe hardship, jeopardising her education and career prospects and the punitive action taken without any substantive basis, was a direct infringement of her fundamental rights under the Constitution.
Another petitioner claimed he was not even a part of the protests but had only gone to the site as a spectator and returned to his classes.
The students said the February 10 to 13 protests were staged to persuade the university authorities to revoke the disciplinary action proposed against four students.
The students had decided to commemorate “Jamia Resistance Day” — the day Delhi Police entered the campus on December 15, 2019 and allegedly assaulted students.
The pleas said when the students informed the administration that they proposed to observe the event on December 15-16, 2024, they were orally informed against it though it was a peaceful protest.
In retaliation the administration issued showcause notices to four students, the students said, and two of them were informed of disciplinary action.
Against Jamia’s highhandedness, the students resorted to a sit down protest in the open area at the central canteen, the plea added.
