Delhi High Court stays JNU’s rustication orders (for now)

The Delhi High Court today directed that the stay of all rustication orders issued on the basis of a High Level Enquiry Committee (HLEC) report, against students of Jawaharlal Nehru University..The Committee set up by the University to probe incidents that occurred on the campus on February 9, had indicted the students (including JNUSU President Kanhaiya Kumar) which led to orders ranging from rustication, debarment from the University, and imposition of fines..These orders were assailed before the High Court by Kumar along with nine other students..Today before the case could be heard on merits, Justice Manmohan told the lawyers for the students that while they had approached the Court under writ jurisdiction, they ought to repose some faith in the Court..“We will hear you. But you need to repose some faith in us. However, you will withdraw all agitations, strikes, demonstrations and dharnas. Some discipline has to be maintained in the University, studies should not be disrupted. The temperature has gone up [in the University]. It has to be brought down a little!”.When senior advocate Rebecca John and counsel Akhil Sibal, for the Petitioners, submitted that other ‘mischievous elements’ could also cause trouble and the same not be imputed to the Petitioners, the Bench responded by saying that Kumar was a ‘charismatic leader’ who could tell students to listen and maintain calm..Referring to Kumar, Justice Manmohan said,.“You are not a lone ranger. You are the Student Union President and people respond to you. If you say, things will be in order and surely the University will also co-operate.”.Dictating his order, Justice Manmohan said that the students were under liberty to approach the appellate authority (JNU’s the Vice Chancellor) and make their representations. He added that till the appeals of the students were not heard and adjudicated upon, all orders of rustication, fines, hostel bans will be stayed..However, this order was followed by a stern stipulation from the Bench that the aforesaid protection of stay was “conditional” provided the students would withdraw the current agitation and not indulge in any kind of demonstration..Allowing the students liberty to approach the High Court at a later stage, the Court also added that in the event the appeal filed by the students before the appellant authority is dismissed, the order of the Committee will not be given effect for a period of two weeks.