KANHAIYA KUMAR Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed with the following prayers:-

(2.) The facts pleaded and the submissions made by Ms. Rebecca John, learned Senior Counsel for the petitioner are, the Petitioner is a Ph.D student at Centre of African Studies, School of International Studies, Jawaharlal Nehru University (JNU) and was the elected President of the JNU Students' Union (JNUSU) at the relevant time. On February 09, 2016, a programme titled 'A Country without a Post Office' was organized by a group of students of JNU. The Petitioner had nothing to do with the event. After the programme, marches were taken out by two rival student groups, wherein sloganeering took place on both sides. On February 11, 2016, a High Level Enquiry Committee (HLEC) was set up "to inquire into the incident". FIR No. 110/2016, under Sections 124A/34, IPC, was also registered at PS Vasant Kunj North. The Terms of Reference of the HLEC were:

(3.) On February 12, 2016, the Petitioner was arrested. On the same day, the Respondent/JNU suspended eight students, including the Petitioner, for the period of the enquiry. According to Ms. Rebecca John, the power of the VC to suspend students, pending an enquiry, is contained in Rule 5(2) to the Appendix to Rules framed under Statute 32(5) of the JNU Act. However, this power is exercisable against a student only during the pendency of an enquiry contemplated under the Rules framed under Statute 32(5) of the JNU Act, i.e. an enquiry on 'student related matters pertaining to all acts of indiscipline', not a mere fact finding enquiry, as has been argued by the counsel for JNU.