The Delhi High Court overturned JNU’s 2011 expulsion of student Balbir Chand, emphasizing the importance of procedural fairness. Justice C. Hari Shankar criticized JNU’s handling of the case, highlighting the need for justice in educational institutions.
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DELHI: The Delhi High Court recently overturned the Jawaharlal Nehru University (JNU)‘s 2011 expulsion of a student, Balbir Chand. The student had been accused of possessing an objectionable video on his laptop.
Justice C. Hari Shankar of the Delhi High Court criticized JNU’s handling of the case, highlighting the university’s blatant disregard for the fundamental procedural rights that should be afforded to every individual.
The court noted with concern-
“It is concerning that despite being a prestigious institution, JNU has conducted itself in this manner.”
In January 2011, Chand, then a Master of Computer Application (MCA) student, received notification about an objectionable video found on his laptop. Chand vehemently refuted the accusations. Further reports suggested that Chand and another student were accused of creating a video clip allegedly depicting one of them in a compromising situation with a female student.
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Despite of the allegations, it was observed that Chand was entirely excluded from the university’s proctorial investigation. The court emphasized this exclusion as a major failure on the part of the university to involve the accused in a manner that upholds their right to a fair defense.
Justice Shankar criticized the university for its failure to provide Chand with an opportunity to cross-examine the witnesses against him, stating-
“The regulations governing proctorial inquiries at JNU, as well as the fundamental principles of natural justice and fair play, would have mandated that the petitioner be provided with these statements, given a chance to cross-examine the individuals who made them, and allowed to present evidence in his defense.”
Furthermore, the court raised concerns about the speedy expulsion process, highlighting that the decision was reached within 24 hours of issuing a show cause notice to Chand. The court called this rushed process a sham, lacking the seriousness it needed.
Justice Shankar declared-
“The manner in which JNU proceeded in this case is simply a mockery of the principles of natural justice and fair play.”
The judgment not only quashed the expulsion order but also emphasized that Chand should not be prejudiced by the lengthy duration of his legal proceeding. The court directed JNU to allow Chand the opportunity to complete his MCA, should he choose to do so, reaffirming the right to education and fair treatment.
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Case Title:
Balbir Chand v Jawahar Lal Nehru University
