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03.09.2021.
Item No. 75.
Court No.13
pk W.P.A. No. 13553 of 2021
(Through Video Conference)
Visva Bharati and another
Versus
State of West Bengal & Ors.
Mr. Jayant Narayan Chatterjee,
Mr. Soumya Majumder,
Mr. Victor Chatterjee.
...for the petitioners.
Mr. Shamim Ahmed.
..for the added respondents.
Mr. Amitesh Banerjee. Ld. Sr. Standing Counsel,
… for the State.
Although there is a resolution of the Bar, to
abstain in view of the unfortunate death of an young
learned Advocate, given the extreme urgency, this
Court has requested the Counsel for the respondents,
Mr. Ahmed and Mr. Amitesh Banerjee to address and
assist this Court.
Leave is granted to the learned Advocate-on-
record of the petitioners to amend the cause title to
implead three persons.
Formal service on three added respondents is
dispensed with as Mr. Ahmed appears on their behalf.
Further leave is granted to the learned Advocate
for the added respondents to file Vakalatnama later.
2
The writ petition has been filed by a Central
University of National and International repute under
the signature of the Registrar.
Mr. Soumya Majumder, learned advocate
appearing for the University, submits that the Vice
Chancellor (V.C.) of the University has been wrongfully
confined since 27th August, 2021 in his residence and
his egress and ingress has been prevented. It is also
submitted that the V.C is not keeping good health.
Certain medical personnel of the University were not
allowed to visit or examine V.C. and he was not
allowed food into his house. It is also stated that
administrative building and other portions of the
University have been kept under the lock and key. The
University has come to a standstill at the instance of a
section of the students and certain outsiders. It is also
submitted that the students are being used as a front
by certain influential persons for collateral purposes.
Mr. Amitesh Banerjee, learned Senior Standing
Counsel for the State has vehemently opposed and
denied the allegations of the writ petitioners. It is
submitted that the V.C. was never prevented from
moving in and out of his residence. It is also submitted
that the State had sent Medical Officers to examine the
V.C. headed by the Sub-Divisional Officer but were
refused access by his own family members.
3
Mr. Shamim Ahmed, learned Advocate appearing
on behalf of the added respondents and submits that
three students have been rusticated from the
University in violation of the Rules. It is submitted that
they could not avail the opportunity of appeal. It is
submitted that the Vice Chancellor is functioning in a
high handed manner. Illegal and harsh orders have
also been passed against the previous Registrar and
other professors and teachers.
Mr. Amitesh Banerjee further submits that the
locks on administrative building, library and other
parts of the University have been placed by the
University’s own Security Guards and not by the
students.
It appears to this Court that there is in fact an
demonstration being staged by the three aggrieved
rusticated students supported by the other students
and outsiders.
The following directions are passed that shall be
complied with immediately today:
(i) All demonstrations, banners, barricades
and obstruction outside the residence of
the Vice Chancellor shall be forthwith
removed by the Officer-in-charge,
Santiniketan Police Station.
(ii) The Vice Chancellor of the University in
addition to his own Security Guards shall
4
also be provided with three constables
from the Santiniketan Police Station for
his protection.
(iii) The locks on the administrative building
and any other part of the University by the
students shall be broken open by the
Officer-in-charge, Santiniketan Police
Station and the premises shall be handed
over to concerned persons.
(iv) No demonstration shall be conducted by
any students or any persons within a
distance of 50 meters of any portion or
part of the University, particularly, the
schools, Classrooms, the residence of the
Vice Chancellor, teachers, professors,
officials, staff library, the administrative
buildings laboratories etc.
(v) The demonstrators shall remove any
material they have brought into the
University premises and dispose of all
litter in an orderly manner.
(vi) Loudspeakers shall not be permitted
inside the University premises.
(vii) None of the employees of the University
including the V.C., Professors, Teachers,
Officials and other staff shall be prevented
from entering the University premises or
5
the respective Schools and Departments
under it.
(viii) All obstructions to any C.C.TV camera in
the University at any place shall be
forthwith removed and a report to this
effect shall be submitted independently by
the Registrar of the University and also
the Officer-in-charge, Santiniketan Police
Station.
(ix) The normal functioning of the University
shall be restored immediately and the
Officer-in-Charge, Shantiniketan P.S. shall
render all assistance in this regard. There
shall be no disruption, howsoever and
whatsoever by any person or persons.
This Court shall hear the grievances of the three
students on the adjourned date or any other
convenient day.
The aforesaid directions shall be carried out by
the Officer-in-charge, Santiniketan Police Station from
4:00 P.M. today. Due communication shall be made by
the Counsel for the State, Mr. Banerjee, to the Officer-
in-charge, Santiniketan Police Station and the
Superintendent of Police, Birbhum immediately.
6
The maintainability of the writ petition as raised
by Mr. Shamim Ahmed Counsel for the students shall
be kept open to be decided later.
Since Mr. Amitesh Banerjee, learned Senior
Standing Counsel for the State submits that false
statements have been made on oath, it is notified the
issue shall also be addressed at an appropriate point
of time. The Vice Chancellor and the students and all
concerned, shall not make any provocative statements.
Police Officers shall ensure that no outsiders are
allowed to enter the University, much less conduct any
demonstration or use any Loudspeaker thereat.
Compliance of the directions by the Santiniketan
Police Station and/or any other police force, and
presence of sufficient police force shall be ensured by
the Superintendent of Police, Birbhum.
This Court notes with anguish that the
functioning of a University which grooms the citizens
of the future, has been disrupted.
Let this matter stand adjourned and be listed on
Wednesday (08.09.2021) at 11:30 A.M.
All parties are directed to act on a plain copy of
this order that shall be given to the appearing
advocates.
(Rajasekhar Mantha, J.)
7

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Visva bharti order

  • 1. 03.09.2021. Item No. 75. Court No.13 pk W.P.A. No. 13553 of 2021 (Through Video Conference) Visva Bharati and another Versus State of West Bengal & Ors. Mr. Jayant Narayan Chatterjee, Mr. Soumya Majumder, Mr. Victor Chatterjee. ...for the petitioners. Mr. Shamim Ahmed. ..for the added respondents. Mr. Amitesh Banerjee. Ld. Sr. Standing Counsel, … for the State. Although there is a resolution of the Bar, to abstain in view of the unfortunate death of an young learned Advocate, given the extreme urgency, this Court has requested the Counsel for the respondents, Mr. Ahmed and Mr. Amitesh Banerjee to address and assist this Court. Leave is granted to the learned Advocate-on- record of the petitioners to amend the cause title to implead three persons. Formal service on three added respondents is dispensed with as Mr. Ahmed appears on their behalf. Further leave is granted to the learned Advocate for the added respondents to file Vakalatnama later.
  • 2. 2 The writ petition has been filed by a Central University of National and International repute under the signature of the Registrar. Mr. Soumya Majumder, learned advocate appearing for the University, submits that the Vice Chancellor (V.C.) of the University has been wrongfully confined since 27th August, 2021 in his residence and his egress and ingress has been prevented. It is also submitted that the V.C is not keeping good health. Certain medical personnel of the University were not allowed to visit or examine V.C. and he was not allowed food into his house. It is also stated that administrative building and other portions of the University have been kept under the lock and key. The University has come to a standstill at the instance of a section of the students and certain outsiders. It is also submitted that the students are being used as a front by certain influential persons for collateral purposes. Mr. Amitesh Banerjee, learned Senior Standing Counsel for the State has vehemently opposed and denied the allegations of the writ petitioners. It is submitted that the V.C. was never prevented from moving in and out of his residence. It is also submitted that the State had sent Medical Officers to examine the V.C. headed by the Sub-Divisional Officer but were refused access by his own family members.
  • 3. 3 Mr. Shamim Ahmed, learned Advocate appearing on behalf of the added respondents and submits that three students have been rusticated from the University in violation of the Rules. It is submitted that they could not avail the opportunity of appeal. It is submitted that the Vice Chancellor is functioning in a high handed manner. Illegal and harsh orders have also been passed against the previous Registrar and other professors and teachers. Mr. Amitesh Banerjee further submits that the locks on administrative building, library and other parts of the University have been placed by the University’s own Security Guards and not by the students. It appears to this Court that there is in fact an demonstration being staged by the three aggrieved rusticated students supported by the other students and outsiders. The following directions are passed that shall be complied with immediately today: (i) All demonstrations, banners, barricades and obstruction outside the residence of the Vice Chancellor shall be forthwith removed by the Officer-in-charge, Santiniketan Police Station. (ii) The Vice Chancellor of the University in addition to his own Security Guards shall
  • 4. 4 also be provided with three constables from the Santiniketan Police Station for his protection. (iii) The locks on the administrative building and any other part of the University by the students shall be broken open by the Officer-in-charge, Santiniketan Police Station and the premises shall be handed over to concerned persons. (iv) No demonstration shall be conducted by any students or any persons within a distance of 50 meters of any portion or part of the University, particularly, the schools, Classrooms, the residence of the Vice Chancellor, teachers, professors, officials, staff library, the administrative buildings laboratories etc. (v) The demonstrators shall remove any material they have brought into the University premises and dispose of all litter in an orderly manner. (vi) Loudspeakers shall not be permitted inside the University premises. (vii) None of the employees of the University including the V.C., Professors, Teachers, Officials and other staff shall be prevented from entering the University premises or
  • 5. 5 the respective Schools and Departments under it. (viii) All obstructions to any C.C.TV camera in the University at any place shall be forthwith removed and a report to this effect shall be submitted independently by the Registrar of the University and also the Officer-in-charge, Santiniketan Police Station. (ix) The normal functioning of the University shall be restored immediately and the Officer-in-Charge, Shantiniketan P.S. shall render all assistance in this regard. There shall be no disruption, howsoever and whatsoever by any person or persons. This Court shall hear the grievances of the three students on the adjourned date or any other convenient day. The aforesaid directions shall be carried out by the Officer-in-charge, Santiniketan Police Station from 4:00 P.M. today. Due communication shall be made by the Counsel for the State, Mr. Banerjee, to the Officer- in-charge, Santiniketan Police Station and the Superintendent of Police, Birbhum immediately.
  • 6. 6 The maintainability of the writ petition as raised by Mr. Shamim Ahmed Counsel for the students shall be kept open to be decided later. Since Mr. Amitesh Banerjee, learned Senior Standing Counsel for the State submits that false statements have been made on oath, it is notified the issue shall also be addressed at an appropriate point of time. The Vice Chancellor and the students and all concerned, shall not make any provocative statements. Police Officers shall ensure that no outsiders are allowed to enter the University, much less conduct any demonstration or use any Loudspeaker thereat. Compliance of the directions by the Santiniketan Police Station and/or any other police force, and presence of sufficient police force shall be ensured by the Superintendent of Police, Birbhum. This Court notes with anguish that the functioning of a University which grooms the citizens of the future, has been disrupted. Let this matter stand adjourned and be listed on Wednesday (08.09.2021) at 11:30 A.M. All parties are directed to act on a plain copy of this order that shall be given to the appearing advocates. (Rajasekhar Mantha, J.)
  • 7. 7