2023 Student Protests Allahabad High Court Restores Aisa

The Allahabad High Court recently set aside a special court order rejecting a plea by All-India Students Association (AISA) student leader Vivek Kumar seeking registration of an FIR against former Allahabad University Chief Proctor Rakesh Singh over allegations of caste abuse and assault during a student protest in 2023.

Observing that the special judge cursorily rejected the complaint without undertaking any meaningful analysis of the allegations, Justice Jai Prakash Tiwari remanded the matter back to the special judge for fresh consideration and directed it to pass a reasoned and speaking order, assigning cogent reasons for its conclusions.

“The learned court shall also examine the applicability of Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and, if the facts and circumstances so warrant, proceed in accordance with law against the concerned public servants who have failed to discharge their statutory duties as contemplated thereunder,” the high court said.

According to the appellant, a member of the Scheduled Caste community and who held the position of Unit President of the Allahabad Unit of the All India Students Association (AISA), he was participating in a ‘peaceful’ protest outside the University of Allahabad on October 17, 2023, demanding the opening of the University library for 24 hours, reinstatement of suspended students, and provision of clean sanitation facilities. During the protest, the University’s Chief Proctor, Rakesh Singh, allegedly abused him using caste-based slurs and assaulted him with a wooden stick, causing injuries.

The appellant claimed that despite lodging complaints with the police and submitting representations to higher authorities, no FIR was registered. It was further stated that the special judge, SC/ST Act summarily rejected the application seeking registration of FIR by ‘merely terming the incident as “suspicious,” without conducting any proper inquiry.’

On the other hand, the counsel appearing on behalf of Singh submitted that the reasoning adopted by the court concerned is founded upon the premise that the circumstances surrounding the alleged incident appeared inherently suspicious.

The court held that the Special Judge had committed a “manifest error of law” by failing to discuss the facts and prima facie evidence before rejecting the application. It noted that no sufficient reasons had been given for dismissing the plea and that the court had also failed to consider action against police officials under Section 4 of the SC/ST Act.

“A bare perusal of the impugned order reveals that it merely records a cursory observation to the effect that the alleged incident appears to be “suspicious,” without undertaking any meaningful analysis of the allegations or the supporting material on record, and on such basis has proceeded to reject the complaint of the appellant,” the court observed.

The court reiterated the settled principle of law that every judicial order must be a reasoned and speaking order, reflecting due application of mind and indicating the reasons which weighed with the court in arriving at its conclusion. It noted that the absence of reason renders the order arbitrary and unsustainable in the eyes of law.

The court concluded that order passed by the special judge being devoid of reasons and without proper considerations of the materials available on record, cannot be sustained and thus is liable to be quashed.

It therefore set aside special judge’s order and remanded the matter for fresh consideration and directed to proceed in accordance with law, if the facts and circumstances so warrant, against the public servants concerned who may have failed to discharge their statutory duties.

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More