A student who was rusticated from Khwaja Moinuddin Chishti Urdu, Arabi-Farsi University, on the reason that he was attempting to organize protests against the CAA, 2019 has approached the SC assailing the Allahabad High Court’s order affirming University’s decision of rustication of the student.
SC gave Interim relief in the form of staying the High Court’s order dated July 23, 2021 and allowed the student to complete his last semester and to complete graduation has been sought in the Special Leave Petition.
It has been argued that the order of rustication has been passed without giving the BA student a proper opportunity of hearing. Further SC averred that the High Court ought to have considered the grievance of the petitioner on merits, rather than summarily upholding the rustication order.
On 10th Feb the Petitioner appeared before the 7 Member Committee and gave a handwritten explanation stating that while he intended to organize a peaceful protest as per the right granted by the Constitution, the same was not even organized as there were violence in other parts of the country.
The petitioner in the SLP has also submitted that the High Court did not appreciate that the petitioner had been expelled for the reason of his Facebook posts against CAA/NRC and his attempt to organize protests which were his constitutional rights.
The SC states that “University has rusticated the Petitioner merely for attempting to exercise his Constitutional right to hold peaceful protests and right to freedom of speech and expression even when the Protests were called off by him and were not organized. The punishment imposed upon the Petitioner for the exercise of his Constitutional rights is unconscionable as well disproportionate”.