The court orders the university to form a committee including student representatives to resolve the issues
Team Clarion
NEW DELHI — The Delhi High Court granted relief to students of Jamia Millia Islamia by staying their suspension, which was imposed for allegedly protesting on campus without prior permission. The court also directed the university to form a committee under the supervision of the Vice-Chancellor, including student representatives, to resolve the matter amicably.
Hearing the petition filed by four suspended students, Justice Dinesh Kumar Sharma on Tuesday asked the university to submit a detailed report. The students had challenged the suspension order issued by the Chief Proctor, which also barred them from entering the university premises.
The petitioners, represented by Senior Advocate Colin Gonsalves and Advocate Abhik Chimni, argued that the university’s action was arbitrary and violated academic regulations. They claimed that they were engaged in a peaceful protest and were not allowed to defend themselves before disciplinary action was taken.
“The university’s action was highly disproportionate. Instead of engaging with the students and guiding them, the administration sided with the police, leading to arrests,” Gonsalves told the court.
The Jamia administration, however, defended its decision, stating that the students had disrupted order by staging protests without prior approval. Advocate Amit Sahni, representing the university, argued, “The students were sleeping outside the canteen without permission, and their protest had no relation to academics.”
Despite the university’s claims, the court noted that there was no evidence of violence and that peaceful protests are a fundamental part of civil society. “All the students are young and have the right to express their concerns within the legal framework,” remarked Justice Sharma.
The court further directed the university to establish a committee comprising officials and student representatives to address the issue and “calm down” the situation. “The Vice-Chancellor, along with the Dean and the Chief Proctor, must take immediate remedial steps. The university must ensure that students are heard and that their grievances are addressed fairly,” the court stated.
The court also clarified that the suspension of students should remain on hold until the next hearing and that the ongoing criminal cases against them would proceed separately.
The suspension of 17 students had been imposed after they participated in protests against a restrictive memorandum banning gatherings and slogans on campus without prior administrative approval. The administration accused them of vandalism, using defamatory language, and disobeying faculty members.
Some students had also been protesting against the 2019 police crackdown on campus. They argued that their suspension was an act of “institutional malice,” imposed without due process and in violation of university regulations.
The court’s decision was welcomed by students and rights activists, who view it as an affirmation of the right to peaceful protest. “This is a big win for students’ democratic rights,” said one of the petitioners.
