Delhi HC issues notice in Umar Khalid, Anirban Bhattacharya’s petition against rustication

Delhi High Court’s Justice Manmohan sought the reply of Jawaharlal Nehru University over petitions filed by its students Umar Khalid and Anirban Bhattacharya, challenging their rustication order passed by the University..The order of rustication had been passed by a probe panel of the University, that had found them guilty of “misconduct” and “indiscipline”. The order followed findings that both Bhattacharya and Khalid had staged a protest demonstration on February 9, under the pretext of conducting a ‘poetry reading’..While the Court refused to stay the rustication order, it did however direct the University to extend the date for payment of fine that was also imposed on the students. The amount of 20,000 need not be paid by Khalid and Bhattacharya till May 30 which is when the case will be heard next..Earlier, Akhil Sibal who appeared for the Petitioners argued that no proper hearing or show-cause notices were served on them, before the Panel found them guilty..“I was in hiding for 10 days from 11-21 February due to the violent atmosphere everywhere. During this period, purportedly a high level inquiry committee is constituted and inquiry is conducted. It is not disputed at that all this while either I was in hiding fearing for my life or I am in jail… so how can I be a part of this inquiry? .I was issued a show cause notice in jail to which my lawyer writes to them that they need to supply me with the necessary documents so that I can reply. That was also not done.”.While pointing out that other persons who were called for an inquiry were sent emails and the same communication was not extended to the Petitioners, Sibal further pointed out that in an atmosphere of unrest the University should have exercised circumspection and this would only ensure further disaffection..Counsel for JNU told the Court that notices were duly served on both students who ‘refused to show up’, in-spite of being in the campus premises that day. She further pointed out that while they had a right to appeal against the order before the Vice-Chancellor, they had not done the same..With Sibal pressing for a stay of the impugned order, the Bench remained unfazed. Justice Manmohan said that the issue required consideration and an ex-parte stay could not be granted on the first date of hearing itself..“I have to go through all the Committee records and issue notice to the other side so that they can be heard. This case has to be argued finally and decided, which cannot be done overnight.”.The February 9 event led to the arrests of JNU Students Union President Kanhaiya Kumar, Khalid and Bhattacharya on sedition charges after it was alleged that participants at the event shouted anti-national slogans. Currently, all of them are out on bail.