JNU MMS case: HC dismisses plea of JNU student expelled for making porn clip

Chand,who was then a second year MCA student and a resident of Tapti Hostel,had moved the court last year seeking permission from the court to sit for his semester exams. His petition had also sought quashing of a letter dated April 8,2011,issued by the University,declining him permission to appear in the semester examination and also attend classes.

During the hearing,counsel for the JNU,however,emphasised on the legal infirmity in Chand’s petition. The counsel contended the writ petition was not maintainable since Chand had not challenged the order passed by the JNU Chief Protector,communicating to him the decision of the Vice-Chancellor to expel him from the University and removing his name from the rolls.

“Further,Chand was directed not to enter the JNU campus. The petitioner failed to challenge this order by the university. Hence,the petition is not maintainable in this form,” said the counsel.

Finding favour with JNU’s argument,Justice Kohli noted that the present writ petition was filed in April,by which date JNU’s Office Order dated February 12,2011,had already been passed. “But for reasons best known to the petitioner,the same has not been challenged till date,” the court observed.

Admitting the lapses,Chand’s counsel then sought to withdraw petition in view of the legal glitch and said he would first challenge the expulsion order.

“At this stage,counsel for petitioner seeks leave to withdraw the present writ petition while seeking leave to challenge the aforesaid Office Order dated February 12,2011,in appropriate proceedings. The petition is dismissed as withdrawn,along with the pending application,” ordered Justice Kohli.

The varsity was rocked by the scandal in February last year after its security officers informed the authorities about a video recording purportedly showing two students in a compromising position in a hostel room.

An inquiry by the JNU subsequently indicted Chand and Janardan Kumar,the students in the MMS clip. The report mentioned that the accused boys were blackmailing the girl after filming the obscene act and the CD was made on the campus itself.

After receiving a report from the JNU,the police registered an FIR against the two under section 292 (sale of obscene material) and sections 66E and 67 of the Information Technology (IT) Act.