Delhi High Court grants interim relief to 9 JNU students suspended over sexual harassment allegations

The Delhi High Court yesterday granted interim relief to nine Jawaharlal Nehru University (JNU) students who were suspended from the university in the wake of allegations that they were involved in student clashes, sexual harassment and violence that took place on October 22 during a freshers party.

The students had challenged orders passed by the Chief Proctor on October 25 rusticating them from the university and barring them from entering campus for two semesters with immediate effect.

In their plea, they contended that they were not aware of why they were being suspended. They added that they came to know of certain allegations against them only later.

"The petitioners are not sure whether this is the reason for their rustication or something else as nothing was communicated to them ... Pamphlets (Parchas/statements) making baseless allegations of violent attack and comments were circulated against the petitioners but nowhere there was any allegation of sexual assault which surprisingly came directly in the Office Order," their plea added.

On October 29, Justice Purushendra Kumar Kaurav noted that the university had passed its rustication orders without affording the affected students an opportunity of hearing.

"The Court has perused the impugned order, which nowhere indicates even remote adherence of the principle of audi alteram partem (let the other side be heard)," the Court said.

Thus, it directed that these students must not be made to vacate their hostel rooms until the Court hears the matter next. It listed the matter to be heard next on November 8.

"List the matter on 08.11.2024. In the meantime, the respondent University shall not take any steps for vacation of the hostel rooms occupied by the petitioners," the Court said.

The case reportedly involves a joint complaint filed by around 47 female students with the JNU's Internal Complaints Committee (ICC) regarding the alleged sexual harassment and violence that occurred at JNU's Convention Centre during a freshers party hosted by the Centre for the Study of Social Systems (CSSS) on October 22.

It is reported that a scuffle broke out after certain students allegedly made sexist comments at the gathering.

However, the nine students before the High Court claimed that they are not involved in any wrongdoing. They submitted that the October 22 incident took place close on the heels of a hotly contested student election.

The petitioners added that they had visited the CSSS on October 22 but were told to 'remain silent or leave' by certain other students of rival camps. When they stood their ground, the petitioners claimed that the students of the 'opposite camp' escalated the matter by recording the petitioners without consent, by verbally abusing them and physically attacking them, on account of which the petitioners left the venue.

The petitioners contended that since then, pamphlets with baseless allegations against them have been circulated, even though one of the petitioners were not even at the venue. They have also submitted that they had earlier emailed the university administration to launch a fair inquiry into this incident, and to preserve the CCTV footage from the area.

Meanwhile, the Jawaharlal Nehru University Students' Union (JNUSU) has reportedly criticized the JNU administration's handling of the joint complaint by the 47 students. The JNUSU has accused the ICC of having undermined the case by taking it up as an individual complaint instead of treating it as a collective one.

According to an October 27 report in the Hindu, JNUSU has also sought the removal of the JNU's ICC presiding officer Vandana Mishra, claiming that there are procedural violations in the investigation being undertaken by the varsity. The students' union further accused the administration of 'student intimidation' and 'victim blaming' while probing the matter.

Advocates Kumar Piyush Pushkar and Vikas Pal appeared for the petitioner-students before the High Court.

Advocates Monika Arora and Subhrodeep Saha represented JNU.

[Read Order]