Latest news with #SubramoniumPrasad
News18
2 days ago
- Politics
- News18
Social Media Used For Academic Interaction Falls In Ambit Of Workplace Under POSH Law: Delhi HC
A DU professor accused of sexual harassment had challenged the university's disciplinary action, claiming social media conversations should not be treated as workplace harassment The Delhi High Court has upheld the compulsory retirement of a Delhi University assistant professor after an internal complaints committee found him guilty of sexually harassing four students and an alumna via WhatsApp and Facebook messages. The court ruled that social media platforms used in the context of academic interactions are within the ambit of a workplace under the POSH law. The professor had challenged the findings of the internal complaints committee (ICC) and the university's disciplinary action, claiming procedural irregularities and arguing that private social media conversations should not be treated as workplace harassment. The court rejected all grounds of challenge. The complaints, filed in 2018, alleged that the professor had sent sexually charged, inappropriate, and unsolicited messages through Facebook Messenger and WhatsApp. Screenshots submitted by the complainants revealed late-night texts with sexual innuendos and repeated digital contact despite objections. The ICC found the complaints credible and concluded that the conduct constituted sexual harassment under Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The inquiry established that the accused used his position to exploit academic and personal boundaries over digital platforms. The professor was issued a show-cause notice in July 2018. After considering his written response and oral submissions before the governing body, the university accepted the ICC's recommendation and imposed the penalty of compulsory retirement in October 2018, which was subsequently ratified by the vice-chancellor. In his petition before the Delhi High Court, the professor argued that the ICC was not properly constituted and that the inquiry process violated Rule 7(7) of the POSH Rules. He claimed the committee had failed to offer him sufficient opportunity to cross-examine the complainants and that no detailed 'speaking order" was issued by the university in the final disciplinary decision. Justice Subramonium Prasad, however, dismissed the petition. The court held that the ICC was validly constituted and the inquiry was conducted as per law. The professor's non-cooperation during evidence collection and cross-examination was noted on record, and the court found no procedural irregularity that could vitiate the process. Significantly, the HC held that digital platforms like WhatsApp and Facebook, when used in the context of academic or hierarchical relationships, fall within the scope of 'workplace" under the POSH Act. The power dynamic between the professor and the students was relevant in establishing the workplace context, despite the online medium. The court observed that the 'WhatsApp and Facebook messages sent by the petitioner are so profane that this court refrains from reproducing the same in the order". It also remarked that 'teachers shape the careers of young aspiring students", and misconduct by educators has a 'deleterious effect on the psyche" of the victims. The court clarified that the absence of a speaking order from the university did not cause prejudice to the petitioner, since the disciplinary process followed ICC findings and provided both notice and hearing. The ruling reaffirms the legal validity of ICC inquiries under the POSH Act and reinforces the interpretation that harassment through digital channels by a person in authority, even outside institutional premises, can constitute workplace sexual harassment. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
3 days ago
- Politics
- Time of India
Delhi HC rejects bail of suspected Isis member in arms case
NEW DELHI: Delhi HC has rejected the bail plea of a suspected Isis member accused of procuring arms and ammunition for the proscribed outfit and using social media to promote its objectives. In a recent order, a bench of justices Subramonium Prasad and Harish Vaidyanathan Shankar upheld a trial court detention order, stating it was not mechanical in nature. HC said accused Mohd Rizwan Ashraf could not be released due to the ongoing investigation, as releasing him and others at a crucial stage would impede the probe. "This court is satisfied that the trial court applied its mind to the grounds set forth. The trial court categorically observed the investigation progressed substantially during remand extensions granted by it and the investigation was not stagnant. Order of the trial court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion," the bench observed. Ashraf was arrested by NIA in 2023 under Unlawful Activities (Prevention) Act (UAPA) provisions. He challenged various orders of the trial court extending his custody, including on Feb 24, 2024, when his judicial custody was extended by 25 days. On the same day, the trial court dismissed his plea for default bail. Ashraf's counsel submitted the orders were passed by the trial court in a mechanical and perfunctory manner and did not indicate any individual assessment of his role. He argued NIA failed to demonstrate why Ashraf's continued detention was necessary for probe. However, HC said three accused persons, including Ashraf, were active ISIS and they were propagating the ideology of the organisation and trying to recruit youth for its objectives. "At the time when the remand orders were being considered, material was being unearthed to establish that the accused, including the appellant (Ashraf), were conducting recce at various Indian cities including, but not limited to, Delhi, Mumbai, Ahmedabad, and Surat for terrorist activities," it pointed out, adding conspiracy was also being hatched in other countries. "A money trail from Maldives was also being investigated. Material on record indicates that investigation was also underway to find out about other associates of the accused," HC noted.
The Hindu
3 days ago
- Politics
- The Hindu
Delhi High Court upholds action against assistant professor at DU in sexual harassment case
The Delhi High Court has upheld the compulsory retirement of an assistant professor of political science in Delhi University's Bharati College over multiple allegations of sexual harassment by students. The Court described the accused's conduct as 'so profane' that it refrained from reproducing in its judgment the objectionable messages he sent to the complainants. In the July 17 judgment, Justice Subramonium Prasad observed that, 'Teachers shape the career of young aspiring students for a better future... The act of sexual harassment done by these very teachers, who are considered our guides and mentors, against young female students who have just attained majority, has a deleterious effect on the psyche of such students.' The accused had challenged the orders of compulsory retirement issued by the college's governing body in December 2020. Four complaints were filed against him — three by current students of Bharati College and one by a former student — alleging sexual innuendoes/advances through Facebook chats and WhatsApp messages. The complaints surfaced in February 2018, shortly after a video of students confronting the professor about his conduct became public. The video sparked student protests and demands for an inquiry. The matter was referred to the college's Internal Complaints Committee (ICC), in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), and UGC regulations. The Court noted that the ICC's inquiry report of August 28, 2018, found all charges against the professor to be substantiated through both documentary and oral evidence. 'The testimony of each of the complainants remained unimpeached and resultantly, this Court finds no reason to question the veracity of the ICC's analysis of the evidence and statements,' the Court held. The Court rejected the professor's arguments of procedural impropriety, noting that it found no violation of rules in how the ICC was constituted or how the inquiry was conducted.
News18
5 days ago
- Politics
- News18
Delhi HC refuses bail to man accused of being ISIS operative
New Delhi, Jul 25 (PTI) The Delhi High Court has refused bail to an alleged ISIS member accused of procuring arms and ammunition for the proscribed outfit and using social media platforms to promote it. A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar upheld a trial court's detention orders saying it was not mechanical in nature and said accused Mohd Rizwan Ashraf could not have been released on account of ongoing investigation as releasing him and others at a crucial stage would have impeded the probe. 'This court is satisfied that the trial court has applied its mind to the grounds which have been set forth. The trial court has categorically observed that the investigation progressed substantially during the (remand) extensions that had been granted by it and the investigation had not been stagnant. The order of the trial court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion," the bench said in its judgment passed on Thursday. Ashraf was arrested by the National Investigation Agency (NIA) in the case on October 1, 2023 under the provisions of the Unlawful Activities (Prevention) Act (UAPA). He challenged various orders of the trial court extending his custody on various occasions, including on February 24, 2024 when his judicial custody was extended by 25 days. On the same day, the trial court had dismissed his plea for default bail. Ashraf's counsel submitted that the orders were passed by the trial court in a mechanical and perfunctory manner and did not indicate any individual assessment of his role. The counsel argued the NIA failed to demonstrate why Ashraf's continued detention was necessary for the purpose of investigation. The high court said three accused persons, including Ashraf, were active members of the Islamic State of Iraq and Syria (ISIS) and they were propagating the ideology of the organisation and trying to recruit youth for its objectives. 'At the time when the remand orders were being considered, material was being unearthed to establish that the accused, including the appellant (Ashraf), were conducting recce at various Indian cities including, but not limited to, Delhi, Mumbai, Ahmedabad and Surat for terrorist activities. The order observed aside from India, conspiracy was also being hatched in other countries. 'A money trail from Maldives was also being investigated. Material on record indicates that investigation was also underway to find out about other associates of the accused," the bench said. PTI SKV SKV AMK AMK view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
News18
15-07-2025
- News18
Use Of Social Media For Disseminating Radical Ideology Falls Within Ambit Of UAPA: Delhi HC
Last Updated: The court underlined the "influence" of the accused and a high possibility of evidence tampering, while saying the dissemination need not necessarily be a physical activity Denying bail to an accused in a terror case, the Delhi High Court on Tuesday observed that using social media for disseminating radical information and ideology can attract charges under the UAPA. The court refused bail to an alleged operative of the terror outfit, 'The Resistance Front', charged under the Unlawful Activities (Prevention) Act, or UAPA. It underlined his 'influence" and a high possibility of tampering with the evidence, while also saying that the dissemination need not necessarily be a physical activity. Analysing a section of the UAPA, which deals with punishment for conspiracy, attempt, advocacy, abetment or incitement of terrorist acts, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar found sufficient material against accused Arsalan Feroze Ahenger. The bench said Ahenger, stated to be in his early 20s, posted photos of terrorists and incited people to commit terrorist acts. 'The said provision is framed in such a broader way that even the usage of social media or any digital activity for the purpose of disseminating radical information and ideology falls within its ambit and it is not necessary that the same is to be a physical activity," the court observed. It said: 'It cannot be said that there is no evidence against the appellant (Ahenger) that he was closely associated with slain terrorist Mehran Yaseen Shalla or that he has actively participated in the terrorist activities himself." As a result, Ahenger's appeal against a trial court order from September 2024 denying him bail in the case was dismissed. He was arrested on December 30, 2021. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
