A Division Bench of Chief Justice MR.NAVANITI PRASAD SINGH & MR. JUSTICE RAJA VIJAYARAGHAVAN V of the Kerala High Court on 10th October 2017 (Con.Case(C).No. 1597 of 2017 (S) IN WP(C).28239/2017) held that "in academic institutions, politics or political activities cannot be permitted".
In the present case the Bench was hearing a contempt petition filed by MES College, Ponnani. The counsel for the college has drawn the attention of the Court to a photograph of the shed erected along the boundary of the college with a banner of a political party with huge loudspeakers. The Bench observed that it is unauthorised encroachment on public properties which should forthwith be removed by the police.
It was also observed that
"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."
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 receive education.
The Bench also observed that
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.
The Bench further observed that
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
" 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."
The Court directed that
"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."
The Court then warned the additional fourth respondent i.e., the Secretary of STUDENTS' FEDERATION OF INDIA, M.E.S PONNANI COLLEGE UNIT, and cautioned 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."
The Court listed the matter on 16.10.2017 for report from the police with regard to compliance of the directions of the Court. The Secretary of Student Federation is also directed to be present in the court on that day.
