[GNLU-Queerphobia, Rape Allegations] High Court Expresses Intention To Present Fact-Finding Panel's Report To Varsity's General Council
The Gujarat High Court has expressed its intention to present the fact-finding committee's report pertaining to rape allegations made by a second-year law student of the Gujarat National Law University (GNLU) against her batchmate and harassment of a queer student at the University, to the varsity's General Council.The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee...
The Gujarat High Court has expressed its intention to present the fact-finding committee's report pertaining to rape allegations made by a second-year law student of the Gujarat National Law University (GNLU) against her batchmate and harassment of a queer student at the University, to the varsity's General Council.
The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee had earlier expressed shock at the report's contents, describing it as “scary”. Court said the aim is to tackle the grave concerns raised by the report and initiate appropriate action against the responsible officials and faculty members.
The Court had previously asked Advocate General Kamal Trivedi about who is the competent authority to take action based on the report of the fact-finding committee.
On Tuesday, the AG briefed the Court on powers of General Council and the Executive Council. On Court's query regarding power of the Visitor, who serves as the head of the University, the AG responded that the Visitor does not possess individual powers. He submitted that the General Council is the repository of all the powers.
The CJ then inquired if any regulations are framed under Section 46 of The Gujarat National Law University Act, 2003 by the Executive Council for the administration and management of the university.
The AG responded that some regulations are in place but the case would not be covered under them.
The CJ then said that her query is not limited to the case alone and the bench wants to see the regulations to understand who exercises disciplinary power over officers of the University.
“Officers of the authority of the university are General Council, Executive Council, Academic Council and Finance Committees and such other authorities as may be declared by the university by regulation to be the authorities of the university. We suppose there is no other authority declared by the regulation but if you go by further Provisions, officers of the university are … If any disciplinary power can be exercises by anyone against any of whom, where is the provision?” the CJ wondered.
The court also sought clarification on the number of affidavits filed by the GNLU registrar in the suo motu PIL. The CJ stated, “We will be taking note of the stand of the university...stand in the affidavits filed by the registrar, and then placing the report and the matter before the general council.”
The matter is next listed on April 4 for further hearing.
Case No.: R/WPPIL/110/2023
Case Title: SUO MOTU vs GUJARAT NATIONAL LAW UNIVERSITY (GNLU)