Delhi HC asks Kanhaiya Kumar to end students' hunger strike

The bench said students should have some 'faith' in judiciary, said it would hear their writ petitions

Delhi High Court on Friday asked JNUSU president Kanhaiya Kumar to immediately end the indefinite hunger strike by students and said it would hear their writ petitions challenging the varsity's disciplinary action only if they end the agitation.

The court also sought an undertaking from Kanhaiya that he will allow the University to function properly and there will be no agitation.

Justice Manmohan said, "You (Kanhaiya) can 'articulate' to the students sitting on hunger strike from past 16 days to end the agitation, allowing the university to 'function properly'.

"They (JNU students) will have to end their agitations/ strike. You will have to withdraw the strike immediately. No one should be on hunger strike."

It further asked senior advocate Rebecca John, who was representing Kanhaiya, to ask him to speak to the students to end their strike.

"You (Kanhaiya) are a ranger and if you speak to the students, they will abide by you and will end their strike. You withdraw this agitation as you can do it," the court said, adding, "if you abide by our directions only then I will hear the petitions before me."

"Have faith in judiciary. You will have to give an undertaking that you are going to end the strike and allow the college to function properly. You have to ensure that there is no agitation," the judge observed.

The court further asked Kanhaiya's counsel to pursue with them to end their strike.

The counsel present in court on behalf of JNUSU president and others said they will cordinate with the students and will get back to the court.

The court has adjourned the matter till further communication is received from the students' leader.

The court gave the directions during hearing of pleas by Kanhaiya and others challenging the university's disciplinary action.

Apart from Kanhaiya, Ashwati A Nair, Aishwariya Adhikari, Komal Mohite, Chintu Kumari, Anwesha Chakraborty and two others had challenged the order of Jawaharlal Nehru University (JNU) against them.

Umar Khalid and Anirban Bhattacharya moved the court earlier this week against their rustication. Umar had also been slapped with a fine of Rs 20,000, while Anirban had been barred from JNU campus for five years from July 23.

Kanhaiya who, along with Anirban and Umar, was accused of sedition for the controversial event of February 9, was slapped with a fine of Rs 10,000 by the varsity.

Varying actions, ranging from rustication, debarment from the varsity and fines, were taken against them and several other students based on a high-level enquiry committee's (HLEC) report regarding the controversial incident that had occurred on February 9 at JNU.

The petitioners, who have moved the court now, have challenged the fines imposed on them by the varsity.

Students later said they were "agreeable" to call off the agitation subject to assurance that they will be protected against any action by the University.

Just before lunch, the lawyers for the students told the court that they were agreeable to withdraw their strike only if they are protected till the next date of hearing, May 30.

The bench said the students should have some "faith" in the judiciary and asked them to maintain "this position" (the current situation) and to "withdraw the strike".

"Once we are settled down, things will improve," the court said.

The counsel for JNU students said she will take instructions on the issues raised by the students and inform the court.

All of them have challenged the fines imposed on them by the varsity apart from withdrawal of hostel facilities in the case of two students, one of them a girl.