High Court Sets Aside Delhi University Decision To Debar Congress Student Leader Over Screening Of BBC Documentary On PM Modi

The Delhi High Court on Thursday set aside the decision of the Delhi University debarring PhD Scholar and National Secretary of NSUI Lokesh Chugh from taking examination for a period of one year over his alleged involvement in screening of a recent BBC documentary on Prime Minister Narendra Modi and latter's alleged role in the 2002 Gujarat riots.

Justice Purushaindra Kumar Kaurav quashed the decision for “violation of natural justice” and restored Chugh’s admission in the varsity.

“The court is unable to sustain the impugned order dated March 10, 2023. Impugned order is set aside. The admission of the petitioner is restored. Necessary consequences will follow," the court said.

The court disposed of Chugh’s plea that challenged the memorandum passed by the office of varsity’s Registrar on March 10 debarring him from taking the examinations for a period of one year.

He had also challenged the show cause notice issued by office of the Proctor on February 16 which held that he was involved in disturbance of law and order in the university during the screening of the documentary.

While responding to the plea, the Delhi University had said that the screening of the documentary inside the campus amounted to gross acts of indiscipline.

The varsity had also said that rather than concentrating on his research, Chugh was indulging into “campus politics” and was instrumental in inciting the other students to indulge in “petty politics.” 

Chugh was represented by Senior Advocate Kapil Sibal along with Advocates Naman Joshi, Ritika Vohra and Abhik Chimni.

Attorney General R. Venkataramani and Advocates Mohinder J.S.Rupal and Hardik Rupal appeared for Delhi University.

In his plea, Chugh said that he was neither detained nor charged with any form of incitement or violence or disturbance of peace by the police.

“At the relevant time, the Petitioner was not present at the protest site, neither had facilitated/participated in the screening in any manner,” the plea stated.

It was also submitted that the memorandum was liable to be set aside for absence of finding on any specific ground of indiscipline as well as for non – application of mind.

The plea added that Chugh had not been afforded any opportunity to explain his conduct to the Disciplinary Committee and therefore, any order or finding against him is in utter disregard of the rules of natural justice.

“It is humbly submitted that the Petitioner was not informed about the charges/findings against him by the Disciplinary Authority. It is also relevant to note that the Impugned Memorandum is silent as to how the Petitioner was involved in incident dated 27.01.2023. The Impugned Memorandum only makes a passing reference to Petitioner’s alleged involvement in screening of BBC Documentary,” it stated.

It was also Chugh’s case that the authorities of the University had resorted to a “disproportionate action” against him by debarring him for one year even when he was never provided with an opportunity to put forth his case before the Disciplinary Committee or to examine the material placed before it.

Title: LOKESH CHUGH v. UNIVERSITY OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 347

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