[BBC Documentary on PM Modi] “By Screening NSUI Secy indulged in gross act of indiscipline; tarnished image of University”: DU tells Delhi HC

The Delhi University on Monday told the Delhi High Court that by screening the banned BBC documentary on Prime Minister Narendra Modi- “India: the Modi Question” at the Faculty of Arts on January 27, Lokesh Chugh indulged in a 'gross act of indiscipline' which has 'tarnished the image of the University', which is otherwise a premier Educational Institution in India.

The court was hearing a plea filed by Ph.D. research scholar and National Students Union of India (NSUI) Secretary, Lokesh Chugh who was debarred for 1 year for his alleged involvement in the screening of the banned BBC documentary on Prime Minister Narendra Modi- “India: the Modi Question” at the Faculty of Arts on January 27. 

“The Petitioner claims to be a Research Scholar in the Department of Anthropology of the University of Delhi. He rather than concentrating on his research indulging in campus politics and was instrumental in inciting the other students and indulging in petty politics which are detrimental to the University discipline; thus causing disruption in the academic functioning of the University system”, the University said in its response.

The University stated that the disciplinary committee had recommended the expulsion of Chugh, but the Vice-Chancellor took a sympathetic approach and only imposed the punishment of debarring him for one year from taking any departmental examination.

It also stated that from the video footage available, Chugh was actively involved in the attempt for screening the BBC Documentary, on the University campus, with the “intention to disrupt academic functioning” of the University system. “Even otherwise, such an act on the part of the Petitioner amounts to gross indiscipline in general, without the permission of University Authority”, it added.

The University also stated that Chugh has made a false allegation in the present writ and has not come to the court with a clean hand. “The Petitioner has alleged that he was participating in a live tv debate with Mr. Akshit Dhaiya. The Petitioner has not supported such allegation with any documentary proof whatsoever, this allegation is far from the truth. The present writ petition therefore also suffers from concocting facts that are not true. The video footage available falsifies his case”, it said in the reply.

Furthermore, the University’s reply stated, "The Petitioner has himself admitted that there was a protest organized by few students at
the Faculty of Arts. The Petitioner has further admitted that during this protest, the BBC Documentary was screened for public viewing."

The bench of Justice Purushaindra Kumar Kaurav noted that DU's response and Chugh's counter were not on record. Accordingly, the single-judge bench listed the matter for further consideration on April 26.

It is to be noted that the court on April 18, ordered the Delhi University (DU) to file its reply within three working days in a plea filed by Ph.D. research scholar and National Students Union of India (NSUI) Secretary, Lokesh Chugh.

On April 13, the single-judge bench issued notice to Delhi University and sought a reply to the plea. 

Chugh filed the plea through Advocate Naman Joshi stating that on January 27, there was a protest organized by a few students at the faculty of arts (main campus), University of Delhi. During this protest, a banned BBC documentary–India: the Modi Question–was allegedly screened for public viewing.

The plea stated that Chugh is a Ph.D. research scholar at the Department of Anthropology, Faculty of Science, University of Delhi. It also stated that at the relevant time, Chugh was not present at the protest site, nor did he participate in the screening in any manner.

Chugh, in his plea, stated that he was giving a live interview at the time when the documentary was being screened, and thereafter, the police detained a few students for a screening of the documentary and charged them with disturbing the peace in the area. “Notably, the petitioner (Chugh) was neither detained nor charged with any form of incitement or violence or disturbance of the peace by the police,” the plea said.

The plea added that to the utter shock and dismay of Chugh, he was served a show cause notice by the proctor on February 16, asking him to reply within three days about his alleged involvement in the screening and subsequent protest. He submitted his reply on February 20.

On March 3, Chugh submitted his Ph.D. thesis and on March 10, the Registrar issued a memorandum imposing a penalty of debarment from taking any university/college/departmental exam for one year. Chugh, in his plea, said that neither disciplinary authority/committee nor the impugned memorandum had given any finding as to what indiscipline is attributed to him.

“The Impugned Memorandum proceeds on the assumption that the Disciplinary Authority formed vide Notification No. RO/2023/R- 4355 dated 28.01.2023 to specifically look into the incident which took place on 27.01.2023. However, this Notification dated 28.01.2023 is not available in the public domain. Moreover, Petitioner was neither informed about the formation of any such Committee by the Disciplinary Authority nor called to appear before such Committee to put forth his submissions,” the plea read.

“Impugned Memorandum is silent as to how the Petitioner was involved in an incident dated 27.01.2023. The Impugned Memorandum only makes a passing reference to Petitioner’s alleged involvement in the screening of BBC Documentary”, the plea added.

The plea further alleged that the memorandum proceeded on a biased premise, as it accused Chugh of indiscipline on the basis of his alleged participation in the screening, whereas, others had only been asked to submit a written apology.

Furthermore, the plea asserted that Chugh is a sincere and meritorious student of DU, and has an exemplary academic record. Therefore the Impugned Memorandum is likely to rob the Petitioner of various academic and professional opportunities. “Surely, alleged screening of the BBC Documentary cannot be a reason to deny the Petitioner a chance at academic excellence”, it added.

The plea prayed for setting aside the March 10 memorandum, quashing of the February 16 show-cause notice, and expunging of the remarks made in the disciplinary proceedings against Chugh, in view of his exemplary academic record.

Case Title: Lokesh Chugh v. University of Delhi & Ors.