
NEW DELHI, August 11: Arguing in court on behalf of a 15-year-old student who had been expelled from the American Embassy School (AES), counsel Avishek Manu Singhvi said that the student was singled out because he was an Indian. Six students were charged by the AES of having been involved — five non-Indians and the petitioner — in the incident of teasing which lead to the expulsion.
The AES advocate, Amita Duggal, said she was not taking up the plea of diplomatic immunity and the AES was submitting to the jurisdiction of the court. The AES had earlier claimed diplomatic immunity.
Replying to Duggal’s argument that the petitioner had a poor disciplinary record in the past as a result of which he was put on probation, Dr Singhvi argued that none of the allegations brought against the petitioner has been proved.
He further contented that even otherwise, from the date of probation there were no complaints against the petitioner and all-round performance in school was excellent in ’97-98. In each subject, the teachers had given good reports and praised him for his efforts and commitment.
Dr Singhvi stressed that to expel the petitioner from the school at this stage would lead to the virtual end of academic career as no other school in India would admit the petitioner.
The counsel read out extensively from the letter of then President, Board of Governors of the School, who as per his independent investigations stated that the petitioner was nowhere in the vicinity when the alleged incident of harassment of the junior school student is said to have taken place. He also stated that the five students categorically said that the petitioner was not present when the incident occurred.
The arguments in this case are expected to be completed on the next date of hearing.


