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
------------------------------------------------------
ARISING FROM THE ORDER IN WP(C) 28239/2017 DATED 25-08-2017
PETITIONER(S)/PETITIONER:
------------------------
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):
------------------------------------------------
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
--------------------------------------------------------------
Cont. Case. No. 1597 of 2017
---------------------------------------------------------------
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.
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
------------------------------------------------------
ARISING FROM THE ORDER IN WP(C) 28239/2017 DATED 25-08-2017
PETITIONER(S)/PETITIONER:
------------------------
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):
------------------------------------------------
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
--------------------------------------------------------------
Cont. Case. No. 1597 of 2017
---------------------------------------------------------------
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.
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