Delhi HC asks DU to file response within three days on NSUI Secretary's plea challenging his debarment

Apr 18, 2023

New Delhi [India], April 18 : The High court on Tuesday asked Delhi University to file its response within three days on a plea moved by the National Secretary of NSUI challenging his debarment for one year by the University.
He has been debarred by the DU over screening of banned BBC documentary on campus in January this year.
Earlier on April 13, the Delhi High court issued a notice on the plea.
During the hearing on Tuesday, Justice Purushaindra Kumar Kaurav said that University's order doesn't reflect any application of mind. It must reflect the reasoning.
While arguing for University of Delhi, advocate Mohinder Rypal said that he want to produce some documents on the basis of which decision was taken.
On the other hand, Counsel for Lokesh Chugh submitted that the last date for submission of PhD thesis is April 30. There is an urgency in the matter.
The court said that once the petitioner is before the court, his right would be protected.
The court directed the DU to file counter affidavit within three days. The petitioner may file the rejoinder in two days thereafter. Now the matter has been listed on Monday.
It has been submitted that on January 27, 2023, there was a protest organized by few students at the Faculty of Arts (Main Campus), University of Delhi. During this protest, an allegedly banned BBC Documentary namely "India: the Modi Question" was screened for public viewing.
At the relevant time, the Petitioner was not present at the protest site, neither had facilitated or participated in the screening in any manner, the plea said.
Chugh, a PhD scholar has stated in the plea that he was giving a live interview at the time when the Documentary was being screened. Thereafter, police detained a few students for screening the documentary and charged them for disturbing peace in the area.
The plea stated that Chugh was neither detained nor charged with any form of incitement or violence or disturbance of peace by the police.
It is submitted that he was issued a Show cause notice by the Proctor to show cause why action should not be taken against him for his alleged involvement in law and order disturbance during the screening of the documentary.
He filed a reply on the notice on February 20, the plea stated.
It is also stated that he submitted his PhD thesis on March 3, 2023.
Thereafter, On March 10, the Regjstrar issued a Memorandum imposing a penalty of debarment from taking any University, College, Departmental Examinations for one year, the plea said.
It is also submitted that the neither the Disciplinary Authority/Committee nor the said Memorandum has given any finding as to what indiscipline is attributed to the Petitioner.
It is also said the order of debarment is against the natural principle of justice as the Petitioner was not given to explain his conduct.
Holding him guilty of indiscipline is based on biased premises as other students participants have been asked to file a written apology, the pleas.