AMRITASHVA KAMAL Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THE writ petitioner seeks quashing of an order dated 7-5-2007 declaring him to be out of bounds, with immediate effect, from the jawaharlal Nehru University (hereafter" JNU") campus, and debarring him from admission to any of its programmes and courses.

(2.) THE facts, undisputed by the parties, and emerging from the pleadings are that during the period July, 2006 Saurabh Kamal (the petitioner's brother) was constantly humiliated and harassed on castes lines by a group of students of JNU led by one Mahindra Kumar Chauhan, an ex-student of JNU apparently living unauthorizedly in Chandrabhaga hostel. Saurabh was constantly referred to as a 'dalit' and subjected to caste based harassment and social discrimination by them.

(3.) IN the evening of 31st July, 2006 the situation, became serious as manindra Kumar Chauhan and his friends abused Saurabh very badly on casts lines and even threatened to beat him up. Being alarmed by the incident, Saurabh Kamal telephoned the petitioner, his brother, about the threat and his continued harassment by Manindra Kumar Chauhan and other students. The next day the petitioner went to JNU Campus to meet his brother to verify the situation. He apparently decided to meet and persuade Manindra Kumar Chauhan not to harass and humiliate his younger brother. Both, i. e. the petitioner and Saurabh, therefore, went to meet manindra Kumar Chauhan on 01. 08. 2007. Manindra apparently started hurling filthy abuses and shouted as how the Dalits dared to come to his room. He also allegedly started badly beating the petitioner and his younger brother. Manindra Kumar Chauhan called his other friends and all of them started abusing, beating and kicking the petitioner ana his younger brother. They took the petitioner and Saurabh by beating, kicking and dragging up to the Lohit hostel. They could only be saved by some other students of JNU and the security staff which had reached on the spot by that time.