Law student suspended after found with UAPA accused at Nagpur hotel
Nagpur: The Nagpur bench of Bombay high court has declined to stay the suspension of a final-year law student, who was found in a Nagpur hotel with a suspected Urban Naxal from Kerala, Rejaz Sydeek, recently arrested under Unlawful Activities (Prevention) Act (UAPA) for allegedly waging war against India.
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A student of an elite law college in Nagpur, she was debarred from all academic and non-academic activities since May 10, two days after Sydeek's arrest. She had moved HC seeking urgent relief as her semester examinations were underway. Her plea was strongly opposed by additional govt pleader Sangeeta Jachak, who represented Lakadganj police. A vacation bench of Justice Rohit Joshi ruled that the action was administrative in nature and therefore did not warrant judicial interference at this stage.
"Suspension and debarring a student from appearing in examinations are punishments under the code of conduct. However, suspension pending inquiry is not punishment, but an administrative action. It is well settled that the power to issue such suspension is inherent in a disciplinary authority," the court observed.
The court was hearing a writ petition filed by the student, who was present during the arrest of Sydeek, a Kerala resident facing UAPA charges filed by Lakadganj police on May 8.
Sydeek is accused of links with radical organisations and involvement in anti-national activities. The law school later pointed to the student's social media activity, including one post allegedly contradicting the official stand on "Operation Sindoor," a recent military campaign.
The petitioner, who has 13 subject backlogs across various semesters, argued through her counsel S Kulkarni that the institution's decision violated principles of natural justice.
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He contended that punishment could not be imposed without conducting an inquiry, as mandated under the university's 2023 code of conduct.
The institution, however, assured the court that the disciplinary proceedings would be completed by May 25. It submitted that if the petitioner is exonerated, she would be allowed to sit for special examinations prior to the declaration of results — scheduled tentatively for early July.
The last of her pending exams is on June 5.
"This examination will be conducted before declaration of results for the seventh semester. Her results, including for backlogs, will be declared along with those of other students," the court noted, terming this approach as sufficient to "balance the equities."
Justice Joshi permitted the institution to proceed with the disciplinary process, but directed that the outcome be communicated to the student on May 25.
The case is scheduled for further hearing on May 27.
KEY TAKEAWAYS FROM HC NAGPUR BENCH VERDICT
Court held that the suspension was administrative, not punitive, pending inquiry
Action does not violate natural justice as special exams will be allowed if exonerated
to be completed by May 25; decision to be shared the same day.
Student was barred from exams starting May 15; the last paper is on June 5
The student has 13 academic backlogs across semesters.
Lakadganj police opposed relief; FIR filed under UAPA on May 8
Student's social media post on Operation Sindoor was flagged
Petition is listed for further hearing on May 27
Court deemed the institute's approach fair & balanced
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