Tauheed Mohammad vs Jamia Millia Islamia & Ors.
2013 Latest Caselaw 5624 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                           Date of Decision: 05.12.2013

+       WP(C) No.7647 of 2013 & CM No.16306 of 2013 (for Interim Relief)

TAUHEED MOHAMMAD                                    ..... Petitioner
            Through:             Counsel for the Petitioner.

                                  versus

JAMIA MILLIA ISLAMIA & ORS.               ..... Respondents
               Through: Mr. M.A. Siddiqui, Ms. Jaya Goyal &
                         Mr. Rohit, Advs.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                              JUDGEMENT

V.K.JAIN, J. (Oral)

The petitioner before this Court is a student of the respondent- Jamia Millia Islamia University. The University received complaints that certain posters had been affixed in its campus and certain hand bills were distributed by some students, which sought to create a wedge and rift amongst various religious sections of the student community. Considering such acts to be irresponsible acts, having a deleterious impact of disharmony amongst the various religious groups on the campus, and also noticing that the consequences of such actions could be disastrously fateful, besides being bound to disturb the stability of the campus, the Chief Proctor of the University, based upon the inquiry made by Provost and his team, issued notice to the petitioner and two other students, calling upon them to explain why they should not be punished for affixing the above-referred posters/distributing the above-

referred hand bills. The petitioner and other erring students were also suspended during the pendency of the disciplinary proceedings against them. Earlier another show cause notice dated 5.5.2013 was issued to the petitioner stating therein that he had organized a programme on 4.5.2013 involving outsiders, without informing the Provost/Warden and taking permission from him and had pasted several posters on the hostel doors/walls, for the said programme and requiring him to explain the said behaviour.

2. A supplementary notice dated 7.11.2013 was then issued by the University to the petitioner stating therein that he along with other suspended students had invited one Mr. Sheikh Mohammad Rahmani Madani, an outsider, to deliver a religious discourse in the campus without due authorisation/permission, in the TT room of the hostel and the said Speaker raised controversial and disturbing issues in the discourse, prejudicial to tranquility in the Campus and deeply hurt the religious sentiments of the inmates of the hostel. Vide call letter dated 13.11.2013 the petitioner was asked to appear before the Discipline Committee of the University for the purpose of explaining his conduct.

3. The petitioner responded to the show cause notice on 18.11.2013 denying the allegations against him. He also claimed that he did not invite Mr. Sheikh Mohammad Rahmani Madani as was stated in the notice. He also denied having pasted any poster or distributing any hand bill in the campus of the University.

4. Vide impugned order dated 28.11.2013, the petitioner was informed that in the meeting of the Discipline Committee the Provost had identified him and three other students to be involved in distribution and plastering of the objectionable material and inviting an outsider to

deliver a controversial lecture which had hurt the religious feelings of others. The petitioner was, therefore, expelled from the University for a period of two (2) years. Passing the expulsion order the University inter alia observed as under:

"Jamia has always professed perfect secularism and universal tolerance. Religion and faith was never used as an instrument to isolate a particular religious section or entity. Practices, traditions, culture and ethos of every group of society needs to be respected. The greatness of this University was (and is) that it embraced wholeheartedly groups professing diverse beliefs and faith. Attempts made to create a wedge, on religious/sectarian lines, are unacceptable. Such nefarious attempts strike at the very roots of this premier institution of learning. The members were of the unanimous view that such misconducts cannot be endured. Humanism and tolerance for others is the basic password of every individual, and educational institutions (like Jamia Millia Islamia) have to be role models."

5. The above-referred narration would show that the petitioner was given a show cause notice followed by an opportunity of hearing before the impugned order expelling him from the University for a period of two (2) years came to be passed. Therefore, there has been no denial of the principles of natural justice.

6. The contention of the learned counsel for the petitioner is that there was no material before the University to show that it was the petitioner who had invited Mr. Sheikh Mohammad Rahmani Madani or had pasted the posters or distributed the hand bills. The second contention of the learned counsel is that even if it is presumed that the posters/hand bills referred to in the impugned order were pasted/distributed by the petitioner, the same cannot be said to be offensive.

7. The learned counsel for the University, who appears on advance notice, has produced for the perusal of the Court, the file in which the disciplinary proceedings against the petitioner and some other students were recorded. A perusal of the aforesaid file would show that five students, vide their complaint dated 3.11.2013, informed the Provost that they had seen the petitioner and two other persons mentioned in the said complaint, along with few others, distributing certain pamphlets which they later found containing objectionable things with regard to Muharram. They further stated in the complaint that the pamphlets were distributed in the night of 1.11.2013 at around 12:00 midnight. Another student vide his separate letter dated 3.11.2013 informed the Provost that in the night of 1.11.2013 at about 11:30 p.m, when he was returning, he saw three students including the petitioner dropping certain papers in the hostel rooms. One more student stated to the Provost that in the night of 1.11.2013, he opened the room on hearing the knock at the door and found 4-5 persons including the petitioner, dropping some papers in the room.

In view of the above-referred written statements/complaints made to the Provost of the University it cannot be said that the view taken by the University was without any material or without any basis.

8. Coming to the nature of the material alleged to have been distributed by the petitioner, I have perused the pamphlets available in the file produced by the learned counsel for the University. I find it unnecessary and inappropriate to reproduce the contents of the said pamphlets in this order, but, in my opinion, the material contained in the said pamphlets is highly objection and is bound to hurt the feelings of a particular sect of the Muslim community. Though in such matters

primarily it is for the University to take a view as to the nature of the material which is alleged to be offensive, even if I undertake such an exercise, in my opinion, the pamphlets available in the file produced by the University are bound to result in creating a rift between different sections of the Muslim community, besides hurting the religious sentiments of a particular sect of the said community. No person has a right to insult or ridicule the religious beliefs and sentiments of another community or another sect of the same community. A university is a temple of learning, where students belonging to various castes and religions are expected to pursue their educational career in a secular environment, without any religious undertones. In a campus of a university, there is no place for religious intolerance or insult for other communities. Any attempt made by a student of the university to create a wedge between religions or between different sects of the same religion needs to be dealt with a heavy hand so as to ensure that the atmosphere in the campus of the University remains unpolluted from such acts of insult and intolerance for other religions or other sects of the same religion. Considering the nature of the material contained in the aforesaid pamphlets no exception to the action of the University can be taken by any right minded person.

For the reasons stated hereinabove, the writ petition is dismissed. All pending CMs also stand disposed of.

There shall be no orders as to costs.

The file of the University be returned to its counsel.

DECEMBER 05, 2013                                            V.K. JAIN, J.
b'nesh