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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Imphal (PTI): The mortal remains of two children, who were killed in a bomb attack in Manipur's Bishnupur district in April, were handed over to family members on Saturday, officials said.
The bodies of the five-year-old boy and his six-month-old sister were kept in the morgue for 25 days, as the family members had refused to accept the mortal remains, demanding that the perpetrators be brought to book at the earliest.
On April 25, Chief Minister Y Khemchand Singh had appealed to the family members of the children to accept the bodies. Singh had also said that all efforts were underway to find the culprits.
The two children were killed in a bomb attack at Tronglaobi in Bishnupur district on April 7. Their bodies were kept in the morgue at the Regional Institute of Medical Sciences in Imphal.
The incident had triggered widespread violent protests in the five valley districts of Manipur, and the case was subsequently handed over to the NIA.
Hundreds of people lined up along the way to Tronglaobi to offer floral tributes, as the mortal remains were taken for the last rites in an open vehicle earlier in the day.
