CJI Surya Kant says he never accepted Nalsar invite, skips convocation
NEW DELHI: Chief Justice of India (CJI) Surya Kant on Saturday said he had never accepted the invitation to be the chief guest at the convocation of Nalsar University of Law, Hyderabad, amid a controversy triggered by a section of students opposing his presence. "The question of me attending the convocation does not arise," the CJI told The Times of India, a day after speaking at a conclave of vice-chancellors of national law universities in Jodhpur.
Nalsar had, four days earlier, confirmed that it had, in keeping with tradition, invited CJI Kant to be the chief guest at the ceremony, likely to be held in late August or September. However, more than 400 of Nalsar's 1,400-odd students had opposed the CJI's presence, citing his remarks during a hearing on petitions related to the students' march to Parliament on July 20 and alleged police excesses.
The CJI-led bench is seized of petitions seeking an independent inquiry into the alleged police excesses on students, the use of pellet guns, and facial recognition devices for profiling students in alleged breach of the right to privacy. The bench has also accepted a petition by relatives of injured police personnel seeking strict action against "criminal elements" who, according to them, infiltrated the students' agitation and caused widespread violence and damage to public property.
The students' opposition appeared to stem from the CJI-led bench declining to take suo motu cognisance of the alleged police excesses when an advocate, without filing a proper petition, requested the court to watch video footage on July 22. The CJI had asked him to file a proper petition articulating his allegations. When the advocate persisted without providing any documents, the CJI, citing a heavy case load, suggested he file a proper petition instead of wasting judicial time.
Subsequently, petitions raising similar concerns were filed and entertained by the bench, which directed the police not to take coercive action against students and to preserve all video and CCTV footage. The court also sought suggestions for an independent inquiry into the incident and for setting up a commission to lay down pan-India guidelines for graded police action to control protests turning violent.
The controversy escalated after Bar Council of India (BCI) chairperson Manan Kumar Mishra unilaterally issued a letter to the Nalsar vice-chancellor seeking an inquiry into the students who opposed the CJI's presence and threatening to debar them from registration as advocates. Facing widespread condemnation, the BCI quickly withdrew the circular. The Supreme Court later sought its response, observing that the regulator had no business wading into a matter that concerned the CJI and Nalsar students.
The CJI's clarification puts an end to speculation about his attendance, but the episode has raised questions about the role of student dissent and the independence of regulatory bodies. The Supreme Court's observation that the BCI overstepped its mandate serves as a reminder that institutional processes must be followed without fear or favour.
