The Delhi High Court on Thursday set aside the order of debarment issued by Delhi University against the NSUI National Secretary Lokesh Chugh for his alleged involvement in the screening of a BBC documentary on Gujarat riots “India: the Modi Question” in the campus.
Justice Purushaindra Kumar Kaurav set aside the debarment order and restored the admission. “The order is set aside. Admission is restored,” Justice Kaurav said.
The High Court said that the perusal of the record would indicate that the petitioner was not given a proper opportunity and his submission was not considered by the Committee.
The High Court noted that it was a violation of the principle of natural justice by the University.It also noted that the order was without giving any reasoning for the decision.The High Court after hearing the submission of Attorney General R Venkatramni granted the liberty to the University to take action by following the proper process.The bench noted the submission made by the Senior Advocate Kapil Sibal appeared for the Petitioner Lokesh Chugh.He submitted that neither the petitioner was at the protest, nor he was detained by the police and was not named in the FIR.
The bench noted that he submitted the pursuant to the show cause notice issued to the petitioner and he also appeared before the committee of the university and explain his conduct.On the other hand, Attorney General (AG) R Venkataramani submitted that the Petitioner was in the protest and participated in the screening of the BBC documentary which the Government banned.
He also submitted that the presence of the petitioner in the protest is proved by the video footage. The fact that the documentary was banned was very much in the knowledge of the petitioner.
“He was given adequate opportunity as he was issued a show cause notice and he appeared before the committee,” AG submitted.The petitioner was debarred for one year for allegedly participating in the screening of the banned BBC documentary on the University Campus.The Delhi University in its response had said that the screening of a banned BBC documentary on the campus amounts to gross Indiscipline.
