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This is an archive article published on April 13, 2023

BBC documentary case: HC issues notice to DU on plea of student who was barred for a year

The plea states that on January 27, Lokesh Chugh was not present at the protest site (and) neither had participated in the screening in any manner.

DU, BBC documentaryThe documentary screening was organised at DU’s North Campus on January 27. (Express Photo By Amit Mehra)
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BBC documentary case: HC issues notice to DU on plea of student who was barred for a year
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The Delhi High Court Thursday sought Delhi University’s stand in a plea moved by a PhD research scholar who was debarred for a year for his alleged involvement in disturbance of law and order in the university during the attempted screening of BBC documentary ‘India: The Modi Question’ in January.

A single judge bench of Justice Purushaindra Kumar Kaurav issued notice to DU on the plea by Ph.D research scholar and NSUI national secretary Lokesh Chugh, asking the university’s counsel to file a reply and listed the matter for hearing on April 18.

Chugh’s plea states that on January 27, there was a protest organised by a few students at the Faculty of Arts (Main Campus), University of Delhi, during which the “allegedly banned BBC documentary ‘India: The Modi Question’ was screened for public viewing. The plea states that at the relevant time, Chugh was not present at the protest site (and) neither had participated in the screening in any manner. Chugh is pursuing his Ph.D from the Department of Anthropology, Faculty of Science.

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His plea states that he was giving a live interview to the media outside the Faculty of Arts when the documentary was being screened and police, who had detained certain students for disturbing peace in the area, had never detained or charged him for any sort of incitement or violence or disturbance of peace.

The plea states that on February 16, he was issued a show-cause notice by the Proctor on why action should not be taken against him for his alleged involvement in law-and-order disturbance during the screening of the documentary. Chugh’s plea states that he submitted his response on February 20.

On March 3, he submitted his Ph.D thesis and on March 10, the Registrar issued a memorandum imposing a penalty of debarment from taking any university/college/departmental exam for one year. The plea states that neither the disciplinary authority nor the March 10 memorandum has given any finding on the indiscipline attributed to him.

“The Impugned Memorandum proceeds on the assumption that the Disciplinary Authority formed vide Notification No. RO/2023/R- 4355 dated 28.01.2023 to specifically look into the incident which took place on 27.01.2023. However, this Notification dated 28.01.2023 is not available in the public domain. Moreover, Petitioner was neither informed about the formation of any such Committee by the Disciplinary Authority nor called to appear before such Committee to put forth his submissions,” states the plea.

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The plea further asserts that Chugh was not afforded any opportunity to explain his conduct to the Committee, and therefore, any order taken against him in consequence thereof is in utter disregard of rules of natural justice. The plea states that the debarment memorandum is “silent” on how Chugh was involved in the January 27 incident as it only makes “a passing reference” to his alleged involvement in screening of the documentary.

The plea contends that the memorandum proceeds on a “biased premise”, holding Chugh guilty of indiscipline on the basis of his alleged participation in the screening, whereas, other alleged participants have been asked to submit only a written apology.

The plea claims Chugh is a sincere and meritorious student of DU, and has an exemplary academic record and the debarment memorandum is likely to rob him of various academic and professional opportunities. The plea prays for the setting aside of the March 10 memorandum, quashing of February 16 show-cause notice, expunging of remarks made against Chugh in the disciplinary proceedings as well as stay on the memorandum during the pendency of the plea. The plea further seeks permission for Chugh to take the university/departmental exams.

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