Delhi High Court
Kanhaiya Kumar vs Jawaharlal Nehru University & Anr on 13 May, 2016
Author: Manmohan
36 & 38 to 46
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4380/2016 & CM APPLs. 18344-18345/2016
KANHAIYA KUMAR ..... Petitioner
Through: Ms. Rebecca John, Senior Advocate with
Ms. Tarannum Cheema and Mr. Harsh
Bora, Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY & ANR ..... Respondents
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4388/2016 & CM APPL. 18378/2016
REYAZUL HAQUE ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats and Ms. Arpita Rai,
Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4389/2016 & CM APPL. 18379/2016
GARGI ADHIKARI ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats and Ms. Arpita Rai,
Advocates.
WP(C) 4380/2016 & Ors. Page 1 of 6
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4390/2016 & CM APPL. 18380/2016
ANWESHA CHAKRABORTY ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats and Ms. Arpita Rai,
Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4391/2016 & CM APPL. 18381/2016
RUBINA SAIFE ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats, Ms. Arpita Rai and
Mr. Ranjay N., Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
WP(C) 4380/2016 & Ors. Page 2 of 6
With
+ W.P.(C) 4392/2016 & & CM APPL. 18382/2016
ASWATHI A. NAIR ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats, Ms. Arpita Rai and
Mr. Ranjay N., Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4393/2016 & CM APPL. 18383/2016
AISHWARYA ADHIKARI ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats, Ms. Arpita Rai and
Mr. Ranjay N., Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4394/2016 & CM APPL. 18384/2016
KOMAL MOHITE ..... Petitioner
Through: Ms. Malavika Rajkotia, Advocate with
Mr. Vaibhav Vats, Ms. Arpita Rai and
Mr. Ranjay N., Advocates.
WP(C) 4380/2016 & Ors. Page 3 of 6
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
With
+ W.P.(C) 4395/2016 & CM APPL. 18385/2016
ASHUTOSH KUMAR ..... Petitioner
Through: Ms. Nitya Ramakrishnan, Mr. Sarim
Naved, Mr. Shadan Farasat, Mr. Ahmed
Saeed, Ms. Warisha Parasat and
Mr. Suroor Mander, Advocates.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
AND
+ W.P.(C) 4398/2016 & CM APPLs. 18390-18391/2016
CHINTU KUMARI & ORS ..... Petitioners
Through: Ms. Nitya Ramakrishnan, Mr. Sarim
Naved, Mr. Shadan Farasat, Mr. Ahmed
Saeed, Ms. Warisha Parasat and
Mr. Suroor Mander, Advocates.
versus
JAWAHAR LAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Ginny J. Rautray and Mr. Mohinder
WP(C) 4380/2016 & Ors. Page 4 of 6
J.S. Rupal, Ms. Parul Kandoi and
Ms. Simran Jeet, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 13.05.2016
At the outset, learned counsel for petitioners assure and undertake to
this Court that JNUSU as well as its affiliated bodies would withdraw their
pending strike and would not indulge in any strike or dharna or agitation in
future in connection with the issues before this Court and/or till the legal
proceedings pending as of date between the parties attain finality. They
further assure this Court that discipline on the campus shall be maintained.
However, they pray that they be given permission to make peaceful
appeal/representation to the concerned authorities.
The statements, assurances and undertakings given by the learned
counsel for petitioners as well as on behalf of JNUSU are accepted by this
Court and petitioners are held bound by the same.
A perusal of the paper books reveal that all the petitioners have filed
appeals against the impugned High Level Enquiry Committee report. Some
of the petitioners have even filed stay applications for stay of the High Level
Enquiry Committee report as well as the penalty imposed.
Since an appeal is continuation of the main proceedings and no date
of hearing is fixed in the present appeals, this Court is of the opinion that the
petitioners cannot be condemned unheard. Consequently, it directs that till
the appeals of the petitioners and others who have filed the appeals or/are in
the process of being filed, are heard and disposed of, the impugned orders
shall not be given effect to.
To facilitate the petitioners to file alternate proceedings, in the event,
appeals filed by the petitioners are rejected, the said appellate orders shall
not be given effect to for a period of two weeks.
However, it is made clear that the protection granted by this Court is
conditional upon the petitioners and JNUSU complying with their
undertaking to this Court that they shall immediately withdraw their strike
and would not indulge in any strike or dharna or agitation or coercive action
in future in connection with the issues before this Court and/or till the legal
proceedings pending as of date between the parties attain finality
Before parting with these cases, this Court would like to place on
record its appreciation for the pragmatic stand taken by the counsel
appearing for the parties.
With the aforesaid observations and directions, present writ petitions
and applications stand disposed of.
Order dasti under the signature of the Court Master.
MANMOHAN, J
MAY 13, 2016
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