Suspended AMU Student Moves Allahabad HC Against FIR Over Campus Protest

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Synopsis

The FIR is nothing but an attempt to undermine the cause of students who were raising issues regarding exams and attendance, the petition reads

An Aligarh Muslim University (AMU) student has moved the Allahabad High Court to quash a First Information Report (FIR) filed against him in connection with a protest on campus.

Misbah Qaiser, a Bachelor of Architecture student, has been accused of delivering a provocative speech against the university administration, which, according to the police, incited students to act aggressively. The FIR claims that demonstrators obstructed the Vice Chancellor’s vehicle and attempted to cause damage, with an alleged intent to escalate the protest into a violent attack.

The FIR was lodged on November 22, 2024, under Section 191(2), 126(2), 324(4), 132, 121(1) of the IPC. The complainant claimed that about a hundred students at the AMU forcibly closed the door of the administrative building and pressured the administrative officer to fulfill their illegal demands. Later, in the evening, when the VC was leaving for her residence, the students also obstructed her. 

In his petition before the high court, Qaiser maintains that the demonstration on the day in question involved around 100-125 students raising concerns about academic regulations, including attendance policies and upcoming examinations. He argues that the protest was peaceful and that he never made any statement encouraging unlawful activity.

Qaiser is being represented by Advocates Ali Bin Saif and Kaif Hasan. The plea states that the FIR is an attempt to silence students advocating for their academic rights. The petition characterizes the police case as an overreach, meant to stifle student activism rather than address any genuine criminal activity.

Apart from the legal action, Qaiser has faced disciplinary measures from the university. He, along with other students, has been suspended, barred from entering the campus, and instructed to vacate his hostel room. His plea points out that while the university has already taken strict action internally, it has also sought criminal proceedings, which he believes to be an unjustified extension of punitive measures.

Therefore, Qaiser has sought court's direction to quash the FIR and also a direction to the university authorities not to take any coercive measure against him. 

Case Title: Misbah Qaiser vs. State of UP and others