New Delhi: Chief Justice of India (CJI) Surya Kant Friday termed the Bar Council of India’s (BCI) intervention in the National Academy of Legal Studies and Research University of Law, NALSAR controversy as “completely unnecessary” and reaffirmed that students have a fundamental right to protest, even if their views may be mistaken.
The issue arose during a hearing before the Supreme Court concerning letters issued by the BCI to NALSAR University of Law following a student protest over the invitation extended to CJI Kant as the chief guest at the university’s convocation.
Senior Advocate K. Parameshwar, appearing in the matter, submitted that the BCI had no business interfering in the affairs of a university.
Responding to the submission, CJI Kant observed that the matter was essentially between the students and the Court and did not warrant intervention by the statutory body.
“This is a dialogue between the students and me. Who are they to raise this issue? It is completely unnecessary,” the CJI remarked.
Justice Kant said he had actively participated in student activities and stressed that young people must be allowed space to express dissent. “Even if students are wrong, they have a right to protest. The BCI has no role in this matter,” he said.
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The Supreme Court issued notice in the case and, by way of an interim order, directed that no punitive action be taken against any student or faculty member of NALSAR or any other National Law University in connection with the controversy.
During the hearing, the BCI accepted notice and informed the Court that the impugned circular had already been withdrawn. The apex court nevertheless granted the regulatory body two weeks to file its response.
Clarifying its interim protection, the top court directed that no adverse action be taken against NALSAR students over the incidents referred to in the letters under challenge.
Emphasising the importance of democratic engagement, CJI Kant observed: “Just because a person makes an incorrect statement in their youth does not mean they lose the right to protest.”
In a conciliatory gesture, the Chief Justice encouraged the students to enrol with and join the Supreme Court Bar, adding that they would also be included in panels for legal aid programmes and courses.
The controversy stems from a letter written by a group of NALSAR students protesting the invitation extended to CJI Kant for the convocation ceremony. The students cited what they described as his alleged inaction over claims of police excesses during recent protests at Delhi’s Jantar Mantar.
In their letter, the students said they were uncomfortable receiving degrees from a dignitary whose recent public conduct appeared dismissive of serious allegations of police brutality against protesting citizens.
