‘Peaceful protests are an integral part of civil society training’: HC

New Delhi: While staying the suspension of Jamia Millia Islamia students barred from the university campus, the Delhi High Court on Tuesday said participation in such peaceful protests were the part of the “training to inculcate the basic principles and norms of civil society”.

Justice Dinesh Kumar Sharma also found the manner in which the university handled the protest worrisome.

“Without going into the veracity of the submissions of either of the parties, the perusal of the record itself made the court worry about the way the protest, being undertaken by the students, is handled by the university. The court is not looking at the reason for the protest at the moment but the documents as shown by the petitioners prima facie show that it was a peaceful protest,” the court said.

The high court ordered the constitution of a “peace” committee of university officials under the supervision of the vice-chancellor to resolve the issue and calm the situation down, and said they should also involve student representatives in the discussions.

The suspensions were stayed till April 2 on four separate pleas of seven students who were suspended and barred from the campus by a February 12 order of the proctor. The university was directed to file a report in the matter within a week. All students, who were of tender age, went to the university to “certainly make an endeavour” to raise their voice within the framework of the law, the court said.

The judge added, “Rather, participation in such peaceful protests are the part of the training to inculcate the basic principles and norms of civil society. The court is fully confident that the administration of the university -- the vice-chancellor, dean and proctor -- shall immediately take remedial steps so as to assuage and calm down the situation.”

The students through their counsel argued it was a peaceful protest and they had obtained the requisite permission.

Jamia’s counsel Amit Sahni and Kisley Mishra said not only the students had no permission to hold the protests but they also damaged university property.

The protest was nowhere related to academia and students were sleeping outside the canteen which was not permissible, the counsel added.

Delhi Police had detained some protesting students in February following which other students claimed those detained remained untraceable for hours, only fuelling more protests. The court criticised Jamia’s handling of student protests, stressing the need for careful action. Students argued their suspensions were arbitrary, violating natural justice and fundamental rights. Protests from February 10-13 opposed disciplinary actions linked to commemorating “Jamia Resistance Day.” All detained students were released after 12 hours.