Delhi High Court stays suspension of Jamia students over "peaceful" protests

The Delhi High Court recently stayed the decision of the Jamia Milia Islamia University to suspend 17 students who were taking part in a protest/ commemoration event at the university [Sahibe Alam Vs Jamia Millia Islamia (Through Its Registrar) & Anr.]. .Justice Dinesh Kumar Sharma also directed the University to constitute a committee under the supervision of the Vice-Chancellor to resolve the matter.“Let a Committee of the officials under the supervision of the Vice-Chancellor be constituted. The representative from the students may also be taken by the Vice-Chancellor in such a committee. In the meantime, the operation of the order dated 12.02.2025 is suspended till the next date of hearing,” the Court ordered.Pertinently, the Court said it was worried about the manner in which the university was handling students' protests which prima facie appeared peaceful.“Without going into the veracity of submissions of either of the parties, the perusal of records itself makes 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 of the protest at the moment, but the documents, as shown by the petitioners filed along with the record, prima facie shows that it was a peaceful protest,” the Court observed.Therefore, it issued notice and sought response from the University to the plea filed by the students challenging their suspension..The Court was hearing a plea by the students who were suspended and barred from entering the university after they assembled outside the canteen to commemorate the day on which the police had unlawfully entered the University campus and resorted to physically brutal acts.Senior Advocate Colin Gonsalves, appearing for the students, submitted that the action taken was "highly disproportionate" and that hearing was given to the students before the suspension order was passed.Advocate Amit Sahni, appearing for the university, argued that sufficient opportunity was given to the students. He further submitted that the protest was not related to academics and that no prior permission was sought for thee protest..The Court expressed concern at manner in which protests were handled by the University..The Court also said that the students are of a tender age and that protest is part of the training to inculcate norms of civil society.“All the students are of tender age. The students, when they go to the University, certainly make an endeavour to raise their voices 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,” the Court stated. Hence, it expressed hope that the Vice-Chancellor, Dean and Chief Proctor will take remedial steps to calm down the situation..The Court is worried about the way in which the protest being undertaken by the students is handled by the University.Delhi High Court.The matter will be heard next on May 2..Besides Gonsalves, advocates Govind Manoharan and BD Rao Kundan appeared for the students.Advocates Amit Sahni, KK Mishra, Ankur, Sonah Tiwari and Parth Sharma appeared for the University. [Read Order]