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Surgical intervention may be needed on anti-national slogans: HC- 3-Mar-2016

New Delhi: The Delhi High Court today said anti-national view in the minds of JNU students who raised slogans is like a kind of infection from which they are suffering and needs to be cured even by surgical intervention.  

A bench of Justice Pratibha Rani said although the probe in the case is at nascent stage but the thoughts reflected in the slogans raised by some students cannot be claimed to be protected as fundamental right to freedom of speech and expression and might need surgical intervention if the first line of treatment fails.
 
"The thoughts reflected in the slogans raised by some of the students of Jawaharlal Nehru University (JNU) who organised and participated in that programme cannot be claimed to be protected as fundamental right to freedom of speech and expression. I consider this as a kind of infection from which such students are suffering which needs to be controlled/cured before it becomes an epidemic.
 
"Whenever some infection is spread in a limb, effort is made to cure the same by giving antibiotics orally and if that does not work, by following second line of treatment. Sometimes it may require surgical intervention also. However, if the infection results in infecting the limb to the extent
that it becomes gangrene, amputation is the only treatment," the judge said.
 
The court further said the reason behind such "anti- national views" in the mind of students need to be found and steps need to be taken.
 
"The reasons behind anti-national views in the mind of  students who raised slogans on the death anniversary of Afzal Guru, who was convicted for attack on our Parliament, which led to this situation have not only to be found by them but remedial steps are also required to be taken in this regard by those managing the affairs of the JNU so that there is no recurrence of such incident," the court said.
 
It asked the JNU faculty to play its role in guiding the students to the right path so that they can contribute to the growth of the nation and to achieve the object and vision for which JNU was established.

It said, "Spring season is a time when nature becomes green and flower blooms in all colours. This spring why the colour of peace is eluding the prestigious JNU situated in the heart of Delhi needs to be answered by its students, faculty members and those managing the affairs of this national university."
 
Referring to Kanhaiya, the court said he belonged to an intellectual class pursuing Ph.d. from International School of Studies of the varsity which is considered as hub of intellectuals and he may have any political affiliation or ideology.
 
"He has every right to pursue that but it can be only within the framework of our Constitution. India is a living example of unity in diversity. Freedom of expression enjoyed by every citizen can be subjected to reasonable restrictions under Article 19(2) of our Constitution," the court said.
 
The bench also said that the "feelings or the protest reflected in the slogans need introspection by the student community whose photographs are available on record holding posters carrying photographs of Afzal Guru and Maqbool Bhatt".
 
It said that during the period spent by Kanhaiya in judicial custody, he might have introspected about the events that had taken place.