High Court stays JNU’s disciplinary action against students

In oral observations, the Delhi High Court said it would hear Kanhaiya Kumar and the JNUSU's pleas only if they ended their hunger strike.

Updated - November 17, 2021 05:40 am IST - NEW DELHI

The Delhi High Court on Friday put on hold the disciplinary action of Jawaharlal Nehru University (JNU), including rustication, against Students’ Union president Kanhaiya Kumar and others till their appeals against the order is heard and decided by the varsity’s appellate authority.

Justice Manmohan recorded an undertaking given by the students, who have filed writ petitions challenging the university’s order following a report of the High-Level Enquiry Committee (HLEC), that they will withdraw their ongoing hunger strike and not indulge in any further agitation.

The court also said that if the JNU Vice-Chancellor, who is the appellate authority, rejects the appeal of students, the decision would not be given effect to till two weeks. This will enable the students to move the High Court again to challenge the decision.

The Judge said the students would not indulge in any strike, dharna or agitation on the university campus. The petitions were filed by eight students challenging the penalties imposed on them by JNU for their alleged role in a controversial event organised on University campus on February 9.

Based on the HLEC’s report, JNU had taken varying actions, ranging from rustication to debarment from the varsity and imposition of fines, against the petitioners and other students and research scholars.

The High Court had earlier this week asked the JNU administration to explain the decision for rustication of two students, Umar Khalid and Anirban Bhattacharya, who were also accused of sedition, and submit relevant documents as well as the five-member HLEC’s report.

Mr. Kumar — who was slapped with a fine of Rs.10,000 — Mr. Khalid and Mr. Bhattacharya are currently out on bail following their arrest on charges of sedition in connection with the February 9 event marking the hanging of Parliament attack convict Afzal Guru

The JNU action and after

April 25, 2016: JNU > rusticates Umar Khalid, Anirban Bhattacharya. Umar has also been fined Rs. 20,000 and Anirban barred from JNU campus for five years from July 23, 2016. JNUSU president Kanhaiya Kumar fined Rs. 10,000.

April 26, 2016: JNU students > reject punishment , burn report | Also read: > Depression grips rusticated student’s family in Srinagar

May 10, 2016: Umar and Anirban > move court against their rustication, court asks JNU administration to explain the decision for their expulsion and submit relevant documents as well as the report of its High-Level Enquiry Committee.

May 12, 2016: > Kanhaiya, others move HC against JNU action. Apart from Kanhaiya, the others who have challenged the order are Ashwati A. Nair, Aishwariya Adhikari, Komal Mohite, Chintu Kumari, Anwesha Chakraborty and two others.

> JNU row: What is the outrage all about? | >Full coverage

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