High Court tells students to sign PU’s protest affidavit

The Punjab and Haryana High Court (HC) today directed the students to fill up Panjab University’s (PU) affidavit requiring prior permission for protests, while making it clear that the undertaking would be subject to outcome of the writ petition.

The direction came as the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry issued notice of motion to the varsity and other respondents.

“It is directed that affidavit/undertaking be filled up by all students, including the petitioner. However, filling up of the affidavit / undertaking shall remain subject to outcome of the petition,” the Bench asserted, while further fixing the case for further hearing on September 4.

As the petition filed by former Panjab University Campus Students Council (PUCSC) vice-president Archit Garg came up for hearing, the Bench questioned which right could be put on higher pedestal — right to form association or right to education?

“If the right to protest or form association under Article 19 of the constitution comes in conflict in the main function of university, you have to choose between your right to protest and right to education — both can’t go hand in hand when there’s conflict,” the Bench observed.

The petitioner was represented by senior advocate Akshay Bhan and counsel Abhijeet Singh Rawaley. His stand in the matter is that the affidavit, appearing on the varsity’s official Handbook of Information, required incoming students to forgo their right to protest, disassociate from student groups and accept broad behavioural restrictions — all without legal mandate or Senate approval.

Contending that the varsity’s mandatory affidavit for students infringes fundamental rights, another law student in a related petition has also sought the quashing of clauses requiring prior permission for protests and threatening severe penalties for violations.

Petitioner Parmpreet Singh, a law student, contended that clauses in the university’s admission handbook compelled the students to submit the undertaking curtailing peaceful protests, failing which they risked punishments ranging from campus bans to debarment from examinations.

The petition filed through counsel Bharat Bhandari, Vinay Yadav and other advocates, meanwhile, is yet to come up for hearing.

Chandigarh