Kerala High Court
M.E.S.Ponnani College vs Debashish Kumar Behra on 25 August, 2017
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh, V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH
&
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2017/18TH ASWINA, 1939
Con.Case(C).No. 1597 of 2017 (S) IN WP(C).28239/2017
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ARISING FROM THE ORDER IN WP(C) 28239/2017 DATED 25-08-2017
PETITIONER(S)/PETITIONER:
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M.E.S.PONNANI COLLEGE
P.O.PONNANI SOUTH, PIN - 679 586,
REPRESENTED BY ITS PRINCIPAL, DR. ABBAS T.P.
BY ADVS.SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
SRI.P.U.VINOD KUMAR
SRI.MITHUN BABY JOHN
SMT.AMRIN FATHIMA
RESPONDENT(S)/RESPONDENTS 3 TO 5 IN THE W.P.(C):
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1. DEBASHISH KUMAR BEHRA
AGED ABOUT 40 YEARS, FATHER'S NAME NOT
KNOWN TO THE PETITIONER,
THE SUPERINTENDENT OF POLICE, MALAPPURAM.
2. SUNNY CHACKO, AGED ABOUT 52 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CIRCLE INSPECTOR OF POLICE, PONNAI,
MALAPPURAM DISTRICT, PIN - 679 577.
3. NOUFAL. K, AGED ABOUT 30 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE SUB INSPECTOR OF POLICE,
PONNANI POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679 577.
ADDL.4. STUDENTS' FEDERATION OF INDIA,
M.E.S PONNANI COLLEGE UNIT,
REPRESENTED BY ITS SECRETARY JISHNU K,
V SEM. COMPUTER SCIENCE,
AGED 20 YEARS, S/O.ACHUTHAN K,
KANAKKATHARAYIL HOUSE, KOORADA,
THRIKKANAPURAM PO., MALAPPURAM - 676 505.
(IMPLEADED VIDE ORDER DATED 3.10.2017 IN COC.1597/17)
R1-3 BY GOVERNMENT PLEADER
RADDL.4 BY ADV. SRI.GILBERT GEORGE CORREYA
RADDL.4 BY ADV. SRI.NISHIL.P.S.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 10-10-2017, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
'CR'
Navaniti Prasad Singh, CJ
&
Raja Vijayaraghavan V, J
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Cont. Case. No. 1597 of 2017
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Dated this the 10th day of October, 2017
O R D E R
Navaniti Prasad Singh, CJ Pursuant to notice issued, the additional fourth respondent is personally present in the Court. He is about 20 years of age. He is a Computer Science student of the college concerned and is the Secretary of the SFI Union of the College. The first thing which crosses our mind is whether he goes to the college to indulge in politics or to study, a question which he and his parents must consider, for we hold that in academic institutions, politics or political activities cannot be permitted.
2. The next, we would like to observe is that political activities like Dharna, hunger strikes and other practices like Sathyagrah have no place in a constitutional democracy, much less in academic institutions. Anyone indulging in the said activities in an educational institution would make himself liable to be expelled and/or rusticated. Educational Institutions are meant for imparting education and not politics. By their political ambition the political parties cannot hold to ransom the educational institution or the right of the civilized students to COC.1597/17 2 receive education. We would only remind ourselves of what Dr. B.R. Ambedkar had said while introducing the Constitution for its adoption to the Constituent Assembly on 25.11.1949:
"If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgment we must do is to hold fast to constitutional methods of achieving our social and economic objectives. It means we must abandon the bloody methods of revolution. It means that we must abandon the method of civil disobedience, non-cooperation and satyagraha. When there was no way left for constitutional methods of achieving economic and social objectives, there was a great deal of justification for unconstitutional methods. But where constitutional methods are open, there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us."
3. Learned counsel for the additional fourth respondent submits that students are on Dharna and hunger strike outside the college. Learned counsel for the college with reference to the photographs annexed as A2 shows and draws our attention to the shed erected along the boundary of the college with a banner of a political party with huge loudspeakers. Firstly, it is unauthorised encroachment on public properties which should forthwith be removed by the police. We would like to mention that the Police is there to control the law and order and not to permit such pickets to come up on public property. The right of law abiding citizens to traverse along the footpath or on the roads cannot be obstructed by any political parties for whatever cause it may have.
COC.1597/17 3
4. Our attention is then drawn to the photographs on the next page, which clearly shows the students sitting in Dharna inside the college. We would again refer to what Dr. B.R. Ambedkar said and noted above. If they have a legitimate grievance, avenues for ventilating them are legally available. There is students council, academic council and there are courts including this Court where appropriate grievances can be raised. Dharnas have no place which would only vitiate the academic atmosphere. We cannot countenance such a thing.
5. We accordingly order that if any student is found to be resorting to and/or enforcing Dharna, strike or disruption of academic atmosphere of any college, the Principal or the authorities of the institution would have a right to rusticate them, for these are no means to ventilate their grievance. If called upon by the college authorities, the police would be under an obligation to assist the authorities in maintaining peace and quiet and orderly conduct of academics in the college premises. It is also made clear that all pickets, tents, stalls, set up in and around the college campus or in its immediate vicinity for facilitating Dharna, hunger strike etc., be forthwith removed by the police and the area be maintained free of such Dharnas, hunger strike or any such obstructions.
COC.1597/17 4
6. The very fact that people resort to Dharna/hunger strike shows that they themselves are aware that their demands are not legal or legitimate and they use these coercive methods to achieve what they could not have achieved legally, for if it was otherwise they ought to have peacefully come to court or move the statutory forums for redressal of their grievances.
7. We would warn the additional fourth respondent and caution him to concentrate on his studies rather than indulge in politics in the college premises if he is so inclined, or he may withdraw from the college to continue his political carrier, if he so chooses. But the two cannot go together. The choice is his.
List this matter on 16.10.2017 for report from the police with regard to compliance of our directions. The additional fourth respondent should be present in the court on that day.
Sd/-
Navaniti Prasad Singh, Chief Justice Sd/-
Raja Vijayaraghavan V, Judge sou.10/10.