Police Warning Against University Webinar For 'Anti-National' Speakers : MP High Court Seeks State's Response

The Bench of Justice Sanjay Dwivedi granted three weeks' time to the state to file its reply on the plea filed by Professor Rajesh Kumar Gautam, the convener of the Webinar.

The matter in brief

Professor Rajesh Kumar Gautam (the Petitioner) is a renowned academician presently holding the post of the Head of the Department of Anthropology at the University and his department had decided to hold an academic Webinar on the subject of achievement of scientific temper.

This webinar had to take place in collaboration with Montclair State University, New Jersey, USA on the subject of "Cultural and Linguistic Hurdles in the Achievement of Scientific Temper" on 30-31st July 2021.

Thereafter, 'Akhil Bhartiya Vidyarthi Parishad' (ABVP) wrote to the Vice-Chancellor of the University expressing displeasure at the presence of certain names on the list of the speakers for the Webinar.

Allegedly, a threat/warning was also issued by ABVP that a first information report (FIR) could be filed in the matter, along with a threat to disrupt the seminar if certain speakers were given a platform to speak (referring to them as "anti-nationals")

The plea alleges that based on such malicious threat in the form of a complaint, Respondent No. 2, Superintendent of Police, Dist. Sagar issued the impugned letter dated July 29, 2021 to the University's Administration.

The letter of the SP allegedly stated thus:

Referring to the past history of anti-national mentality and caste-related statements of the speakers involved, the possibility has been raised about them commenting on Indian culture, tradition, caste system and the ways of religious worship of the majority society leading to it affecting the caste and social harmony

Even after this, if any speaker does any such act of which public publicity or publication creates conditions where one section or community expresses anger towards any other section or community, then its responsibility will be fixed upon the organizers collectively as a punishable offence according to section 505 of Indian Penal Code.

Now, pursuant to this, the Registrar of the University, directed the Petitioner to postpone the webinar if no administrative approval was received from the Secretary, Department of Higher Education, Ministry of Education, Govt. of India.

When a request was made to the US partners to the webinar to postpone the seminar, they did not agree with the insistence, especially since people from across the globe had registered and therefore, Dr. Harisingh Gour University had to therefore withdraw from the webinar. However, the event took place as planned on 30-31 July 2021, with the US University helming it.

Against this backdrop, the plea alleges that the Letter by the S.P. was illegal and under the coercion of the complainant outfit, and was contrary to the directions of the Supreme Court and showed the country in very poor light on questions of academic freedom.

"The Petitioner has professionally suffered gravely as a result of the arbitrary and unlawful actions taken by the Respondent No. 2. It is submitted that in addition to the mental agony and embarrassment that the Petitioner was subjected to, the Petitioner was also deprived of the opportunity to add to his academic score under the Academic Performance Indicator which is counted during promotion as per UGC Regulations and for which one of the criterion is the number of academic seminars/ webinars organized," the plea by the Professor states.

The Plea also submits that a habit cannot be made out by State authority to accept any version of events made out by any group (political or non-political) to try and censor speech and academic seminars.

"The illegal letter from Respondent SP exacerbates this 'chilling effect' and affects the Petitioner's rights under Articles 14, 19(1)(a) and under Article 21 of the Constitution of India, 1950. n) Moreover, the letter from Respondent No. 2 i.e. Superintendent of Police constitutes a continuing prohibition to holding academic seminars without first having the list of speakers and topics of discussion endorsed by him. The Supreme Court directives are clear on the fact that such prohibition is illegal," the plea avers.

Reliefs prayed for:

• To declare that the impugned letter/order dated 29/7/2021 issued by Respondent No. 2 as arbitrary and illegal;
• To declare that the impugned letter is without the authority and legitimacy of law and hence, the same is null and void;
• To quash the purported order contained in the impugned letter dated 29/7/2021;
• To issue a continuing mandamus against such illegal orders that seek to curtail fundamental rights.

Advocates Harsh Parasga, Harsh Parashar, and Ayush Gupta appeared for the petitioners.

Case title - Professor Rajesh Kumar Gautam v. The State Of M.P. and Others

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