Bombay HC relief for law student caught smoking cannabis in college

Court allows her to sit for internal exams

The Bombay High Court on Thursday granted relief via video conferencing to a first year law student debarred from college for allegedly smoking cannabis on campus and allowed her to sit for internal exams.

Justice Gautam Patel was conducting the proceedings which was made available for live streaming on Zoom.

Advocate Mohit Bharadwaj, appearing for the student debarred by NMIMS (Narsee Monjee Institute of Management Studies) Kirit P. Mehta School of Law, said that on March 4, his client received an email from the college informing her that she and 18 others were suspended pending an inquiry. He urged the court to direct the college to allow her to sit for her internal exams.

Mr. Bhardwaj argued that his client has been falsely implicated and that the entire decision-making process was faulty. He said there is no material against the student and added the college has presumably relied upon some material from the social networking site Instragram. She was denied an opportunity to represent herself and instead of considering relevant material, disproportionate action has been taken against his client.

Government counsel Manorama Mohanty said material was found on her social media of smoking cannabis on college campus but she has no access to the material right now. The court said, “Meantime rustication will have to be suspended and stayed.”

In its order, the court said, “Due to the extraordinary situation we are in, Ms. Mohanty is unable to put her hands on material relied upon by the college for rustication. How the college came by the material and what is the authentication, the prosecutor is unable to access material from college. The real difficulty is to resolve this issue. It is imperative that some relief is granted as a roll back at a later stage would be impossible.”

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Printable version | May 31, 2020 1:44:21 PM |

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