Delhi HC stays suspension of 7 Jamia students, terms univ action ‘worrisome’

The Delhi high court on Tuesday stayed the suspension of seven students of Jamia Millia Islamia (JMI) University until April 2, while noting that the manner in which the university responded to peaceful demonstrations was “worrisome”.

A bench of justice Dinesh Kumar Sharma directed the university’s Vice-Chancellor (VC) to form a committee comprising officials and student representatives to address the situation.

“Without going into the submissions of the parties, the perusal of the record itself leaves the court worried about the way in which the protest being undertaken by the students is handled by the university. The court is not going into the reason for the protest at the moment, but the documents as shown by the petitioners filed along the petition, prima facie show that it was a peaceful protest. All the students are of tender age,” the court said in its order.

It said: “The court is fully confident that the administrative authorities including its Vice-Chancellor (VC), Dean, Chief Proctor will immediately take remedial steps to calm down the situation. A committee of officials under the supervision of the VC will be constituted and representatives of the students may also be taken by the VC. It is pertinent to mention that the court has not gone into the criminal cases, and this order shall not have an effect. In the meantime, the operation of the order dated 12.02.2025 will be suspended till the next date of hearing.”

The court recognised the students’ right to peaceful protest, emphasising that raising their voices within the framework of the law was an essential part of their civic training.

“The students can go to the university, certainly make an endeavour to raise their voice within the framework of the law. Rather, participation in such peaceful protests is part of the training to inculcate the basic principles and norms of civil society,” it said.

The protests in question took place from February 10 to 13, when students demonstrated against show cause notices issued to their peers for participating in a December 2024 protest marking the anniversary of the Citizenship Amendment Act (CAA) demonstrations and alleged police brutality on campus in 2019.

On February 12, the university suspended 17 students and banned them from entering the campus. The following day, Delhi Police detained 14 students in the early hours, and released them after nine hours.

The petitions challenging the February 12 suspension order were argued by senior advocate Colin Gonsalves, who contended that the university’s action was “highly disproportionate and unreasonable” to the peaceful nature of the protest. He further argued that the university sided with the police, leading to the students’ arrests, and imposed the suspensions without granting them a hearing.

On the other hand, the university, represented by advocate Amit Sahani, argued that the students had not sought permission to hold the protest and that the demonstrations had no “correlation” with their academics. He also claimed that students damaged university property during the protest, prompting the registration of an FIR with the Delhi Police. Additionally, Sahani stated that students had slept outside the canteen, which was impermissible.

The court sought a response from the university on the students’ plea and scheduled the next hearing for April 2.