Purge the crooks from academic bodies

It is indeed unfortunate that 'academic goondas' have once again raised their heads in the premier academic institutions. The Jawaharlal Nehru University (JNU) and the Indian Institute of Mass Communication (IIMC) are the latest targets of these goons. 

In the name of freedom of expression guaranteed by the Constitution of India, these anti-social elements masquerading as students have not only disturbed the academic atmosphere of these Central bodies and brought disrepute to the nation but also have turned these prestigious institutions into the criminal dens.

These so-called students do not care two hoots for their studies but have been fully loyal servants to their political masters! Under one pretext or the other these hired goondas take law into their hands, indulge in violence, destruction of public property, abusing teachers and staff and even confining and assaulting them.

And there is not even a whisper of condemnation from their political bosses, be them from desperate Congress, Communists, Socialists or the discredited Rashtriya Janata Dal. On the other hand, their leaders extend overt and covert support to these so-called goons.

The ongoing agitation in JNU has been launched ostensibly against the decision of the University authorities making 75 per cent attendance compulsory. By no stretch of imagination such a decision of the academic body could be termed as 'against the students’ interest.'

In fact, the non-learners posing as 'students' were desperately looking for an issue to agitate, and when they did not get anything else, they took up the attendance issue. In furtherance of their move, these anti-social elements illegally confined some senior professors and even brazenly defied the court's order to keep at a distance of 100 meters from the University. ... And all this in the name of the freedom of expression.

In the case of IIMC the scenario is no different. The new Director-General K G Suresh who himself is a senior journalist of repute took some stringent decisions. For example, a male faculty member who was holding the post of the Warden of a Girls Hostel since well over 10 years and occupying huge palatial 10 rooms for his residence was asked to vacate the Girls Hostel.

His other unpalatable decisions were the subject of Bharatanatyam and promoting vernacular journalism. The Tookde-Tookde gang, therefore, was not at ease with him. Therefore, this gang was desperately searching for an issue to create unrest in the campus which is in the vicinity of JNU campus. 

Finally, this microscopic minority tumbled upon an idea. They took up the cause of the future girl-students. In the IIMC campus there is one hostel for girls. Present batch girl students are well accommodated there. However, just to have a pretext two of this gangs sat on hunger strike, slogan shouting and using the choicest epithets to defame, abuse and insult the 'Hitler-like dictator' Director General! Their single demand is the written assurance from the DG to the effect that the next year's girl students would be provided hostel facility in the same, Ambedkar Hostel for Girls.

The DG is ready and willing to assure the hostel facility to girl students but subject to availability. In fact, the IIMC has been established primarily to train the officers of different Ministries, including the Defence and Information.  The government has already initiated action for the construction of a new hostel at an estimated cost of Rs 40 crore. Thus, abundant accommodation would be made available probably from next year.

Hence, there is no issue, but the vested interests refuse to see the reason. Fortunately, now gone are the days when such anti-social elements were having an upper hand. Now the  nationalist sincere students have come out openly against such trouble mongers.  

This is evident from the fact that as against two students on hunger strike from the non-academic gang, there are at least four students staging a reply hunger strike on the IIMC campus. Perhaps this tit for tat is necessary to deal with unruly elements.

The government of the day should adopt tough posture against these criminals who indulge in lawlessness and violence. The Indian Penal Code, indeed, does not differentiate between a student criminal and a non-student criminal. Therefore, all offenders irrespective of their status or stature should be treated alike. Otherwise, the Rule of Law would remain only a distant dream.

Electoral reform
In a judgement of far-reaching consequences, the apex court in Lok Prahari Vs. Union of India & Others declared that "if assets of a legislator or his/her associates increase without bearing any relationship to their known sources of income, the only logical inference that can be drawn is that there is some abuse of the legislator's Constitutional office," and added, " It is the political belief underlying the declaration of the Preamble of the Constitution that India should be a socialist republic.

Articles 38 and 39 of our Constitution declare that the State shall direct its policy towards securing that the ownership and control of material resources of the community are distributed so as to best subserve  the common good and guaranteeing that the economic system does not result in the concentration of wealth and means of production to the common detriment."

The bench comprising Justice J Chelameswar and Justice Abdul Nazeer went on and said,''The makers of the Constitution gave sufficient indication of that belief when they provided under Articles 102 (1) (a) and191 (1) (a) that holding of any office of profit would disqualify a person either to become or continue to be a legislator."

The bench granted the prayer of the petitioner NGO to direct necessary amendments to Form 26 of Rule 4 A of the Conduct of Elections Rules, 1961 so as to require candidates to declare on affidavit theirs as well as their associates' sources of income.

The bench also ordered an investigation/inquiry into the disproportionate increase in the assets of MPs/MLAs/MLCs named in the list annexed to the petition as well as the establishment of a permanent mechanism to investigate other legislators whose assets have increased by more than 100 per cent by the next election. Hope the Judgement would be implemented in letter and spirit to weed out the corrupt elements from the public life.

Legal fraternity meet 
A two-day conclave of lawyers will be held in Hyderabad on March 30and 31. This will be a sequence to the recently held All India Rule of Law Convention in New Delhi. The event would be organised by the Bar Association of India in collaboration with the Bar Associations of the High Court , twin cities and the districts of both the Telugu States.

Legal luminaries from all over country, law teachers,, jurists, judges and top-ranking law officers are expected to participate in the programme. 
The deliberations would cover all aspects of justice delivery system, including clearing the backlog of cases, speedy trials, transparency and 
accountability in appointment, posting and transfer of judges, filling of vacancies etc.

Service of summons
When the summons could be said to have been 'duly served' on the defendants within the meaning of Order IX Rule 13 of the Civil Procedure Code? This question has been duly answered by the Supreme Court in Auto Cars Vs. Trimurti Cargo Movers Pvt. Ltd & Ors. The court has held that service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as 'summons duly served' on the defendants.

The bench observed that the summons issued as paper publication by the High Court which required the defendants to appear before the Registrar of the court 'within 15 days from the service of publication of this summons' on them cannot be held as duly served.

The bench was dealing with an appeal filed against High Court order dismissing an application to set aside ex parte decree, the apex court observed that '' such summons and the service effected pursuant thereto cannot be held to be in conformity with the statutory format prescribed in Appendix B Process (I and IA) and Order 5,Rule 20 (3) of the Code.    

By Dr H C Upadhyay