Lokesh Chugh was ‘mastermind’ of stir, DU tells Delhi HC in PhD scholar’s plea over BBC documentary screening

The court was on Monday hearing Chugh’s plea against his debarment for a year over his alleged involvement in the disturbance of law and order in the university during the screening. Delhi University (DU) has informed the Delhi High Court that PhD scholar Lokesh Chugh was the “mastermind of the agitation” that took place at the Faculty of Arts on January 27 during the screening of the BBC documentary ‘India: The Modi Question’. The court was on Monday hearing Chugh’s plea against his debarment for a year over his alleged involvement in the disturbance of law and order in the university during the screening. The single-judge bench of Justice Purushaindra Kumar Kaurav on Monday listed the case on April 26 after noting that Delhi University’s reply to the PhD scholar’s plea was not on record. In the previous hearing, the high court had directed the university to file its response in three working days remarking that the debarment order “must reflect reasoning”. “It is pertinent to mention that the Petitioner as well as others had assembled contrary to Section 144 CrPC imposed by the police authorities in the university campus. This act itself amounts to gross indiscipline on the part of the Petitioner and others against whom disciplinary proceedings were initiated. It is pertinent to mention that Section 144 CrPC was imposed in the University campus w.e.f. 31.12.2022 to 28.02.2023 by the police authorities and the Petitioner as per the video footage is seen along with other assembled and actively being part of the unlawful assembly,” the response asserts. DU has said that the competent authority took cognizance of the incident and constituted a committee, including the proctor and other senior academicians, to enquire into and initiate disciplinary proceedings against the wrongdoers. The committee, after watching the videos, found that the “mastermind of the agitation” was Chugh, the reply states. It adds that before being meted out the punishment, Chugh – who is the national secretary of the National Students’ Union of India (NSUI) – was issued a show-cause notice and was also granted a personal hearing by the Disciplinary Committee. The recommendations of the committee were placed before the competent authority, which is the Vice-Chancellor, who considered the entirety of the facts and circumstances and directed the issuance of the memorandum of March 10. DU has contended that Chugh was granted opportunity to defend his case and was also granted the right to a hearing and hence there is no “illegality or any infirmity “in the decision-making process”. DU further says that Chugh alleged that he was participating in a live TV debate at the time of the incident, however this allegation was not supported by any “documentary proof whatsoever”. The reply also states that Chugh was not the only one who was punished and there were other students who faced punishment for breach of discipline. Chugh’s plea states that on January 27 there was a protest organised by a few students at the Faculty of Arts (Main Campus) at the University of Delhi during which the “allegedly banned BBC Documentary ‘India: The Modi Question’” was screened for public viewing. The plea says that at the relevant time, he was not present at the protest site nor had he participated in the screening in any manner. Chugh is pursuing his PhD research at the Department of Anthropology, Faculty of Science. DU, in its reply, further says that Chugh, “rather than concentrating on his research is indulging into campus politics and instrumental in inciting the other students and indulging in petty politics which are detrimental to the University discipline; thus causing disruption in the academic functioning of the University system”.  It further states that in fact the disciplinary committee had recommended Chugh’s “expulsion” but the Vice-Chancellor took a “sympathetic approach” and has only imposed the punishment of debarring Chugh for one year, from taking any university or college or departmental examination or examinations from the date of the issuance of the March 10 memorandum. “Under Ordinance XV-B of the University of Delhi Act, 1922, all powers relating to discipline and disciplinary action are vested in the Vice-Chancellor of the Respondent No. 1 – University of Delhi. Under Clause 2 of Ordinance XV-B, the Vice-Chancellor may delegate all or such powers – as he/ she deems proper to the Proctor and to such other persons as he/ she may specify on this behalf. Under Clause 3 of Ordinance XV-B, without prejudice to the generality of power to enforce discipline under the Ordinance, the various acts of gross indiscipline are enumerated therein including (i) causing disruption in any manner of the academic functioning of the University system,” the response states.

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