Delhi HC Sets Aside JNU's Disciplinary Action Against Kanhaiya Kumar, Umar Khalid, Anirban, 12 Others [Read Judgment]

The Court has set aside Appellate Order dated August 22, 2016,and the matter is remanded back to the Appellate Authority to pass a reasoned order as expeditiously as possible preferably within six weeks thereafter,

The Delhi High Court on Thursday set aside the disciplinary action taken by the Jawaharlal Nehru University(JNU) against 15 of its students, including former JNUSU president Kanhaiya Kumar, for allegedly raising anti-national slogans on the campus on February 9 last year.

Justice V Kameshwar Rao set aside the action taken by the varsity against Kanhaiya, Anirban Bhattacharya, Ashutosh, Umar Khalid, Gargi Adhikari, Mujeeb Hussain and others.

The court directed JNU to allow the students to inspect the records and basis of punishment after hearing their appeals against the punishment awarded to them and the disciplinary action taken by the varsity, including withdrawal of hostel facilities.

“The writ petition is allowed to the extent that the Appellate Order dated August 22, 2016, is set aside and the matter is remanded back to the Appellate Authority with a direction to grant an opportunity of inspection to the petitioner, the record of the HLEC for two continuous days during office hours only by notifying the date and time to the petitioner for the same and upon such inspection, the petitioner shall have one week time to file a Supplementary Appeal, upon which the Appellate Authority shall give a hearing to the petitioner on a date and time fixed by the Appellate Authority, who thereafter shall, by considering the appeal(s) already filed by the petitioner and the Supplementary Appeal, if any, pass a reasoned order as expeditiously as possible preferably within six weeks thereafter,” the court ordered.

“Till such time, the order dated April 25, 2016, shall not be given effect to. It is also made clear in view of the undertaking given by the petitioner, the petitioner shall not indulge in any strike or dharna or agitation or coercive action in future in connection with the issue till such time the proceedings between the parties attain finality,” it said.

Kanhaiya and others had been charged for sedition for raising anti-national slogans during an event organised on the hanging of Afzal Guru.

While Kanhaiya was removed from the hostel, Umar has been rusticated till this December and Anirban was told to stay off campus for five years.