The Delhi High Court on Friday set aside Jawaharlal Nehru University’s order slapping a fine of ₹10,000 on former students’ union president Kanhaiya Kumar, holding that the penal action suffered from “procedural impropriety, illegality and irrationality”.
A panel formed by the university had held Mr. Kumar guilty of violating disciplinary norms in connection with a 2016 on-campus event wherein anti-India slogans were allegedly raised.
Based on the recommendations of the panel, the university imposed the fine on Mr. Kumar on July 4.
Justice Siddharth Mridul said the JNU office’s order was “unsustainable on innumerable counts” after which the counsel for the varsity submitted that they are recalling the decision.
Ball back with panel
‘The court remanded the matter back to the appellate authority to conduct de novo proceedings in accordance with law.
Mr. Kumar’s counsel Rebecca John told the court that the former student leader has said that he neither organised the event nor shout any objectionable slogans.
The advocate sought quashing of the order that held Mr. Kumar guilty under Clause 3 of the Rules of Discipline and Proper Conduct of Students of JNU.
Clause 3 deals with any act which may be considered by the Vice-Chancellor, or any other competent authority, to be an act of violation of discipline and conduct.
The order was issued based on a report by a high-level enquiry committee set up on February 11, 2016.
In his plea, Mr. Kumar said there were serious lapses by the panel in observing the principles of natural justice. He said that no written notice was given to him and he was not allowed to cross-examine two witnesses who deposed against him in front of the panel.
The university’s panel had also found student activists Umar Khalid and Anirban Bhattacharya guilty. It recommended rustication of Mr. Khalid, and imposing financial penalty on 13 other students for violation of disciplinary norms.
On Friday, the court did not pass any order on Mr. Khalid and Mr. Bhattacharya’s plea. It, however, directed JNU not to take any coercive steps against them till further orders.
