HC quashes JNU fine order against Kanhaiya
New Delhi, July 20 : The Delhi High Court on Friday set aside the Jawaharlal Nehru University's (JNU) July 4 order slapping a fine of Rs 10,000 on former JNUSU President Kanhaiya Kumar, holding that the penal action suffered from procedural impropriety, illegality and irrationality.
The former Jawaharlal Nehru University Students Union leader was held guilty of violating the disciplinary norms and asked to pay the fine by the university in connection with a 2016 incident on the campus wherein anti-India slogans were raised.
Justice Siddharth Mridul observed that although the order imposes a fine, the action constitutes disciplinary action entailing serious civil consequences for the petitioner.
"Therefore, on a prima facie view, the office order of July 4 is unsustainable on innumerable counts," the court said.
"At this stage, the JNU counsel wants to recall the office order, with the liberty to comply with directions of this court passed in earlier round of proceedings between the parties, in accordance with law, culminating in a reasoned order."
"In view of JNU counsel's statement, the office order is set aside. The matter is now remanded to the appellate authority for a de novo conduct of proceedings," the court said.
Kanhaiya Kumar's counsel Rebecca John told the court that he neither did organise the said event nor shout any objectionable slogans.
She sought the quashing of the JNU order that held Kumar guilty under Clause 3 of Rules of Discipline and Proper Conduct of Students of JNU.
Clause 3 deals with any act which may be considered by the Vice Chancellor or any other competent authority to be an act of violation of discipline and conduct.
The order was issued based on a report by a high-level enquiry committee set up on February 11, 2016.
Kumar said in his plea that there were serious lapses in observing the principles of natural justice and there was violation of the Delhi High Court directions on October 12, 2017.
The former JNUSU leader said that no written notice was given to him and he was not allowed to crossexamine two witnesses who deposed against him.
An enquiry found student-activist Umar Khalid, along with Kumar and Anirban Bhattacharya, guilty and recommended rustication of Khalid, apart from imposing financial penalty on 13 other students for violation of disciplinary norms.
However, the court did not pass any order on Khalid and Bhattacharya's plea, but directed the JNU not to take any coercive steps against them till further orders.
The three were accused -- though none yet charge-sheeted -- of raising slogans against the integrity of India during a poetry-reading gathering of students at the Sabarmati Dhaba on the campus on February 9, 2016.
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Mamata visits Bhabanipur EVM strong room, warns against counting irregularities
Kolkata (PTI): West Bengal Chief Minister and TMC supremo Mamata Banerjee early Friday warned against any attempt to tamper with the counting process, hours after she visited an EVM strong room in Bhabanipur, alleging possible malpractice.
Banerjee, who emerged around 12:07 am after spending nearly four hours at the counting centre for her Bhabanipur constituency housed in Sakhawat Memorial School in south Kolkata, said only one person would be allowed inside the designated counting area.
"Either the candidate or one agent can stay upstairs. I have also suggested installation of a CCTV camera for the media," she told reporters.
Stressing the need for transparency, she said, "It is essential to maintain transparency. People’s votes must be protected. I rushed here after receiving complaints. The central forces initially did not allow me to enter."
Sounding a stern note ahead of the May 4 counting, she added, "If there is any plan to tamper with the counting process, it will not be tolerated."
On Thursday evening, Banerjee had reached the Bhabanipur Assembly segment counting centre, which houses the strong room for EVMs used in the April 29 polling, citing suspicion of tampering with the machines.
She entered the premises along with her election agent and remained inside for hours, even as Kolkata Mayor and TMC candidate from the Kolkata Port segment Firhad Hakim reached the spot but could not meet her.
"I reached here upon learning that the chief minister has arrived. But I couldn’t meet her since she was already inside the premises, exercising her right as a candidate to visit strong rooms. I wasn’t allowed there. I will not be able to confirm what exactly is transpiring inside," Hakim said.
The development coincided with protests by TMC candidates Kunal Ghosh and Shashi Panja outside the Khudiram Anushilan Kendra in north Kolkata, where they staged a sit-in alleging irregularities and possible tampering of EVMs stored in strong rooms, leading to face-offs between TMC and BJP supporters.
Earlier in a video message, Banerjee had urged party leaders, workers and polling agents to maintain a 24-hour vigil on EVM strong rooms, alleging that the BJP could attempt to tamper with the machines before counting begins.
Her remarks come amid heightened political tension in the state following a fiercely contested Assembly election, with parties closely monitoring arrangements and raising concerns over transparency.
