New Delhi : Chief Justice of India (CJI) Surya Kant on Friday came down heavily on the Bar Council of India (BCI) over its intervention in the NALSAR University of Law enrolment controversy, saying the Council had “no business” interfering with students’ right to protest and making it clear that the court would not allow students to be stopped from raising their voice through lawful and peaceful protests.
The Supreme Court, meanwhile, took on board a petition seeking directions to restrain the BCI from issuing such directives in future and issued notice to the Council. A bench headed by CJI Kant, along with justices Joymalya Bagchi and V Mohana, directed the BCI to file its counter-affidavit within two weeks. “The BCI is unnecessarily taking action in this matter.
Parameshwar submitted that the BCI had “no business” dealing with what was happening inside a university and that its action violated the students’ fundamental right to freedom of speech and expression. He said the BCI’s withdrawal of the first letter freezing enrolment did not wipe out the cause of action against the Council. “It spells a lot about the functioning of the BCI,” Parameshwar said. The CJI responded: “We are with you. This is absolutely uncalled for. They had no business to interfere.
The Chief Justice also drew upon his own experience as a student to underscore the importance of allowing dissent on university campuses. “In my younger days, I was also actively involved in student activities. They have a right to protest. Who can stop them? So long as they are lawfully and peacefully protesting, they have a right to raise their voice,” he said. At another point, the CJI said: “We have to be large-hearted. They should be allowed to speak. Even if they are wrong, they have a right to speak.”
Justice Bagchi also sought to know whether the BCI Council had actually been convened to issue the resolution concerning the NALSAR students. “You will have to tell us about this in your reply,” the judge told advocate Radhika Gautam, who appeared for the BCI. Parameshwar told the bench that he had been informed by a BCI member from Kerala that no meeting of the Council had taken place and questioned how such a decision could have been taken.
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