The Delhi High Court on Tuesday asked the JNU administration not to take any action against JNUSU president Kanhaiya Kumar and seven others till October 19 after they approached the court against the orders of the JNU appellate authority.
During the hearing before the bench of justice Sanjeev Sachdeva, senior advocate Rebecca John, who was representing Kanhaiya, argued that the undertaking demanded by the University was “excessive”.
The JNU appellate authority had imposed a fine on Kanhaiya and had asked him to file an undertaking stating that he will not participate in or be present at any illegal activity taking place on the JNU campus. John, however, argued that the order showed “complete non-application of mind.”
“What if he is sitting at a dhaba and having tea and a procession comes there. How can you ask him to not be present at a spot where something may happen?”said John. The lawyer also argued that Kanhaiya was a “political activist”and “should not be silenced in this manner.”
Kumar in his plea has said that the stand taken by the university that he had “not answered the questions” posed by the authority was incorrect, and the appellate authority was taking an “adversarial stand”
21 JNU students were slapped with varied punishments ranging from rustication, hostel debarment to financial penalty on the basis of the probe by the enquiry committee which had found them guilty of the violation of disciplinary norms. The students had then approached the High Court which had asked the JNU appellate authority to hear the students. The authority had upheld the order of the enquiry committee after which the students approached the high court.
Earlier on Monday, JNU was directed by the Delhi High Court not to implement the order passed by its appellate authority for a week. The appellate authority had held students including Umar Khalid and Anirban Bhattacharya guilty of indiscipline in connection with the controversial February 9 event. The direction came on pleas by Khalid and Bhattacharya, challenging the findings of the appellate authority.