Educational Institutions Can’t Be Hijacked & Permitted To Turn Into Political Battlefield: Kerala HC [Read Judgment]

There is no explanation why the Police cannot go to the residence of the students and arrest them to be released on bail so that at least the parents of the students would know what their wards and students are up to when they are in the college, the bench remarked.

In yet another contempt plea pertaining to ‘campus politics’ in the state, the Kerala High Court has reiterated its stance that educational institutions cannot be hijacked and be permitted to turn into a political battlefield.

The bench of Chief Justice Navaniti Prasad Singh and Justice Raja Vijayaraghavan again made this observation in a contempt plea filed by the principal of Kuriakose Elias College. Earlier also, the first bench of the high court, in an interim order in yet another contempt plea, had observed that political activities like dharna, hunger strikes and other practices like satyagraha have no place in a constitutional democracy, much less in academic institutions. Read Live Law story here.

The court observed that the police would be duty bound to give all assistance in the matter so that upon timely intervention, the dharnas and vandalism is put under control. “In an educational institution, there cannot be politics. Any individual student interested in politics is free to indulge in his interest, but, outside the educational institution. These institutions are teaching and learning institutions,” the bench reiterated.

The bench asked the state why the students responsible for vandalising the college, were not arrested, the government pleader had replied stating that students are not available as they are on leave preparatory to examination.

Observing that such an explanation is not satisfactory, the bench remarked: “Even if a crime have been registered for bailable offence, it does not mean that the Police will wait for the accused to come and surrender themselves. There is no explanation why the Police cannot go to the residence of the students and arrest them to be released on bail so that at least the parents of the students would know what their wards and students are up to when they are in the college.”

The bench, however closed the contempt plea, observing that the police has to ensure that the orders of the court are not violated and the academic atmosphere in educational institutions are not disturbed.