Delhi High Court stays JNU order imposing fine on students for smiling at protesters

The Delhi High Court recently stayed Jawaharlal Nehru University's (JNU) order imposing ₹19,000 fine on certain students allegedly for merely smiling at certain protestors [Mr C Arjun & Ors v Jawaharlal Nehru University].

Justice Jasmeet Singh observed that the students' conduct "does not constitute any infraction which can be categorised as indiscipline of any sort".

The Court observed that JNU's action strikes a blow at the students' fundamental rights and cannot be allowed.

"I cannot lose sight of the fact that the petitioners are students in the respondent University and as a student, the right to express dissent/demonstrate and/or to express support by way of cheering for a demonstration, to my mind, constitutes a valuable right which cannot be allowed to be curbed or interdicted in any manner. The students/petitioners cannot be allowed to be punished for an act of such a nature," the Court observed.

Justice Singh was hearing a petition filed by the students challenging a show cause notice dated January 15, 2026, issued by the office of the Chief Proctor, along with the office orders dated February 2, 2026 imposing fine on the students. The notice had later been upheld by subsequent appellate orders dated March 30.

The show cause notice accused some students of aggressively shaking camera stands and vandalising the university's facial recognition technology (FRT) system.

Three students were accused of encouraging and supporting the act by clapping and sloganeering during an incident on November 21, 2025. The petitioners denied any involvement, stating they were, at best, seen smiling at the protestors.

After considering the case, the High Court found a prima facie case in the students' favour.

Therefore, it stayed the University's order.

Advocates Abhik Chimni, Moksha Sharma, Pranjal Abrol, Gurupal Singh, Ayan Dasgupta and Tushar Chandra represented the petitioner students.

Senior Standing Counsel Ginny Jetley Rautray and advocate Arnav Tandon represented JNU.

[Read Order]