Principles different in disciplinary proceedings of universities, says HC

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The Delhi High Court on Wednesday said the principles of natural justice applicable in criminal cases would not be the same for disciplinary proceedings being held by a university against its students.

Justice Sanjeev Sachdeva made the observation in response to the argument on behalf of some students, including former Jawaharlal Nehru University Students' Union (JNUSU) president Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya, that JNU did not give them the due opportunity to defend themselves against the charge of indiscipline.

Apart from the three, 18 other students have moved the HC challenging Jawaharlal Nehru University's (JNU) order holding them guilty of indiscipline in connection with a controversial February 9 event.

The court heard arguments on behalf of Umar and listed the matter for further hearing on November 7 when it will hear the pleas of the other students. Till then, the interim position will continue, it said.

The students have contended that not giving them due opportunity to defend themselves against the charge of indiscipline, violated the principles of natural justice. The court, however, said a university has to maintain strict discipline amongst its students and where disciplinary proceedings are being held, "you cannot expect the same principles of natural justice as you see in a criminal case."    

Daily Pioneer
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