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{{short description|2016 protest event in Delhi, India}} | |||
] | |||
{{Use dmy dates|date=September 2018}} | |||
In February 2016, a pro-Kashmiri protest at ] (JNU) led to protests by members of the ] student union ]<ref name="theweek.in 2016" /> and the arrest of the JNU Students' Union President ] and ]<nowiki/> on charges of ].<ref name="IE-arrest" /> The arrest led to a major political controversy. | |||
{{Use Indian English|date=September 2018}} | |||
On 9 February 2016, some students of ] (JNU) held a protest on their campus against the ] meted out to the ] convict ], and ] ]. The organisers of the event were former members of the ] (DSU). The event was held despite the university administrations withdrawing permission for the event shortly before it was due to begin, due to protests by members of the student union of ].<ref name="theweek.in 2016" /><ref>{{cite news|url=http://www.huffingtonpost.in/2016/02/15/jnu-arrest_n_9233910.html|title=Student Describes What Actually Happened At The Jawaharlal Nehru University On February 9|work=Huffington Post|date=20 February 2016|access-date=21 September 2016}}</ref> The event saw clashes between various student groups.<ref name="The Indian Express">{{Cite news |date=25 July 2018 |title=Allow five to submit thesis, Delhi HC tells JNU |language=en-US |work=The Indian Express |url=https://indianexpress.com/article/cities/delhi/allow-five-to-submit-thesis-delhi-hc-tells-jnu/ |access-date=12 September 2018}}</ref> A video was circulated by an Indian news channel, ], in which a small group of individuals, whom a later university-investigation described as outsiders to the university wearing masks, shouted "anti-India" slogans.<ref name="zeenews-outsiders" /> | |||
Four days after the event, the then-President of the ], ], was arrested by the Delhi Police and charged with ].<ref name="IE-arrest" /> Two other students were arrested soon afterwards, including ]. Thousands of students, faculty, and staff protested the arrest at JNU, and classes at the university were stopped for several days.<ref name="ibtimes1" /> The arrest was also criticized by a number of prominent scholars internationally.<ref name=":4">{{Cite web |author=Scroll Staff |date=2016-02-17 |title=Top academics including Noam Chomsky, Judith Butler condemn Centre's action at JNU |url=http://scroll.in/latest/803722/top-academics-including-noam-chomsky-judith-butler-condemn-centres-action-at-jnu |access-date=2023-06-16 |website=Scroll.in |language=en-US}}</ref><ref name=":5" /> Protests against the arrests were held in the ], ],<ref name=":0">{{Cite magazine|url=https://www.indiatoday.in/mail-today/story/after-jnu-slogans-of-freedom-raised-at-jadavpur-university-309267-2016-02-18|title=After JNU, slogans of freedom raised at Jadavpur University|author=Soudhriti Bhabani |date=February 18, 2016 |magazine=India Today|language=en|access-date=2019-09-02}}</ref> ],<ref name=":1">{{Cite web|url=https://www.deccanchronicle.com/nation/current-affairs/140216/afzal-guru-row-jnu-ripples-felt-in-osmania-university-18-students-held-for-protest.html|title=JNU ripples felt in Osmania University, 18 students held for protest|date=2016-02-14|website=Deccan Chronicle|language=en|access-date=2019-09-02}}</ref> ],<ref name=":2">{{Cite news|url=https://www.thehindu.com/news/national/JNU-row-protests-in-Aligarh-Muslim-University/article14086164.ece|title=JNU row: protests in Aligarh Muslim University|date=2016-02-18|work=The Hindu|access-date=2019-09-02|agency=PTI|language=en-IN|issn=0971-751X}}</ref> ],<ref name=":3">{{Cite web|url=https://www.hindustantimes.com/india/jnu-students-protests-get-support-from-universities-across-india/story-ZyAPUXcr3H7wzgMmhyxWsK.html|title=JNU students' protests get support from universities across India|date=2016-02-17|website=Hindustan Times|language=en|access-date=2019-09-02}}</ref> and the ]. | |||
==Onset== | |||
On 9th February, a cultural evening was organised by 10 students, formerly of the ] (DSU), at the Sabarmati Dhaba,<ref>A private restaurant near the Sabarmati hostel (, , Indian Express, 14 February 2016).</ref> against the execution of ] convict ] and Kashmiri separatist leader ], and for Kashmir's right to self-determination.<ref name="IndiaToday.in 2016" /> The students organising the event had pasted posters inviting people to gather for a protest march against the "judicial killing of Afzal Guru and Maqbool Bhatt."<ref name="IndiaToday.in 2016">{{cite web | author=IndiaToday.in | title=Afzal Guru: A martyr in JNU campus? Anti-India slogans raised, no arrests made : News | website=IndiaToday | date=2016-02-11 | url=http://indiatoday.intoday.in/education/story/jnu-afzal-guru/1/593077.html | accessdate=2016-02-15}}</ref> | |||
Investigations into the incident were carried out by the Delhi government and the university administration. Both found that the controversial slogans had been shouted by outsiders at the university. The arrested students were all granted bail,<ref name="Umar Khalid" /> with the judge noting in one case that there was some evidence of the accused shouting slogans. However, the university inquiry found many students to have violated university rules and enacted sanctions, varying from fines to ], on 21 students.<ref name="indiatimes1" /> In response, twenty-five students went on an indefinite hunger strike.<ref>{{Cite web |title=Now, JNU students go on hunger strike |url=https://www.indiatoday.in/mail-today/story/now-jnu-students-go-on-hunger-strike-320583-2016-04-28 |access-date=2023-06-16 |website=India Today |language=en}}</ref> The ] suspended the enactment of the university sanctions till their appeals were decided by an appellate authority within six weeks of hearing the students on the condition that they end their strike.<ref>{{Cite web |date=2016-05-14 |title=Delhi HC stays JNU action against students, they call off strike |url=https://indianexpress.com/article/india/india-news-india/delhi-high-court-asks-kanhaiya-kumar-to-end-students-hunger-strike-2798686/ |access-date=2023-06-16 |website=The Indian Express |language=en}}</ref><ref>{{Cite news |last=Outlook Web |first=Bureau |date=12 October 2017 |title=Delhi HC Sets Aside Disciplinary Action Against Former JNUSU President Kanhaiya Kumar, 14 Others |work=Outlook |url=https://www.outlookindia.com/website/story/delhi-hc-sets-aside-disciplinary-action-against-former-jnusu-president-kanhaiya-/302937 |access-date=17 June 2023}}</ref> | |||
According to ''India Today'', "Anti-India" slogans like "''Kashmir ki azadi tak jung chalegi, Bharat ki barbadi tak jung chalegi''" ("War will continue till Kashmir's freedom, war will continue till India's demolition") were "reportedly{{by whom|date=February 2016}} raised at the protest meet."<ref name="IndiaToday.in 2016" /><ref>See also , including short video.</ref> | |||
==Background and prelude== | |||
==Government, University, and Students' Union== | |||
] (JNU) is one of India's highest ranked universities,<ref>{{cite news|url=http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/article3625872.ece|title=JNU rated country's best university|newspaper=The Hindu|date=11 July 2012}}</ref><ref>{{cite web | title=HRD Ministry announces universities ranking, JNU, HCU, IIT M, IIM B top the list | website=The Indian Express | date=5 April 2016 | url=http://indianexpress.com/article/education/hrd-ministry-announces-universities-ranking-iit-madras-and-iim-bangalore-top-the-list/ | access-date=26 April 2016}}</ref><ref>{{cite news | title=JNU, HCU among top 5 Indian universities in HRD Ministry 'India Rankings 2016' list | newspaper=Business Standard India| date=4 April 2016 | url=http://www.business-standard.com/article/current-affairs/jnu-hcu-in-top-5-indian-universities-in-hrd-ministry-india-rankings-2016-list-116040400275_1.html | access-date=26 April 2016| last1=Team| first1=BS Web}}</ref> known as one of the country's best graduate schools in the ].<ref name="FT">{{cite news |last=Kazmin |first=Amy |date=14 February 2016 |title=India's BJP accused of dissent crackdown |website=Financial Times |url=https://www.ft.com/content/27554b34-d2e5-11e5-8887-98e7feb46f27}}</ref> The student union of the university has close ties to India's Communist parties; the university itself has mobilized around several political issues.<ref name="BBC 2016">{{cite web|url=https://www.bbc.com/news/world-asia-india-35576855 |title=Why an Indian student has been arrested for sedition - BBC News |publisher=Bbc.com |date=2016-02-15 |access-date=2016-09-21}}</ref> The administration of the university is answerable to the ]; | |||
Members of the JNU branch of ] (a student union belonging to the ] family of organisations—the ]) protested at the University demanding expulsion of the student organisers.<ref name="theweek.in 2016">{{cite web | title=JNU orders probe into Afzal Guru event | website=theweek.in | date=2016-02-10 | url=http://www.theweek.in/news/india/jnu-orders-probe-into-afzal-guru-event.html | accessdate=2016-02-15}}</ref> | |||
In February 2016, 10 students of the university organised an event protesting the executions of ] and ], and in support of "the struggle of Kashmiri people for their democratic right to self-determination".<ref name="IndiaToday.in 2016" /> The event was planned to be held on 9 February.<ref name="IndiaToday.in 2016" /> Afzal Guru was a ] convicted of participating in the ]: his execution in 2013 had drawn criticism for being carried out in secret.<ref name="BBC 2013">{{cite news|url=https://www.bbc.com/news/world-asia-india-21406874|title=Afzal Guru: Kashmir anger over hanging|date=11 February 2013|work=]|access-date=20 September 2016}}</ref><ref name=Amnesty>{{cite web|url=https://www.amnesty.org/en/for-media/press-releases/india-new-execution-points-worrying-and-regressive-trend-2013-02-09|title=India: New Execution Points to Worrying and Regressive Trend|publisher=Amnesty International|date=9 February 2013|access-date=20 September 2016}}</ref><ref>{{cite news|url=http://timesofindia.indiatimes.com/india/Afzal-Gurus-secret-hanging-a-human-rights-violation-Prosecutor/articleshow/18474808.cms|title=Afzal Guru's secret hanging a human rights violation: Prosecutor|work=Times of India|last=Mitta|first=Manoj}}</ref> ], also a Kashmiri separatist, was the co-founder of the ], and had been hanged in 1984.<ref name="TOI 2013">{{cite news|url=http://timesofindia.indiatimes.com/india/30-years-later-Afzal-Gurus-hanging-brings-back-memories-of-Maqbool-Bhat/articleshow/18423369.cms|title=30 years later, Afzal Guru's hanging brings back memories of Maqbool Bhat|work=Times of India}}</ref> The students organizing the event were all former members of the ] (DSU).<ref name="IndiaToday.in 2016" /> | |||
The Union Home Minister ] of the ruling ] (also belonging to the Sangh Parivar) tweeted "If anyone shouts anti India slogan & challenges nation's sovereignty & integrity while living in India, they will not be tolerated or spared." <ref>{{cite web|title = Rajnath Singh on Twitter|url = https://twitter.com/BJPRajnathSingh/status/698017592519188480|website = Twitter|access-date = 2016-02-14}}</ref> | |||
Posters advertising the event had invited people to attend a protest march against the "judicial killing of Afzal Guru and Maqbool Bhatt."<ref name="IndiaToday.in 2016">{{cite news | title=Afzal Guru: A martyr in JNU campus? Anti-India slogans raised, no arrests made: News | newspaper=India Today | date=11 February 2016 | url=http://indiatoday.intoday.in/education/story/jnu-afzal-guru/1/593077.html | access-date=28 February 2016 | archive-date=31 March 2019 | archive-url=https://web.archive.org/web/20190331154208/https://www.indiatoday.in/education-today/news/story/jnu-afzal-guru-308204-2016-02-11 | url-status=dead }}</ref> The posters also mentioned an exhibition of art and photographs about the history of the occupation of Kashmir, and the struggles of its inhabitants.<ref name="IndiaToday.in 2016"/> Members of the ] student union, the ] (ABVP) protested the event, and wrote a letter to the vice chancellor of the university, asking him to prevent it.<ref name="theweek.in 2016" /> The university administration withdrew permission for the event a few hours before it was to be held.<ref name="Jha">{{Cite web |last=Jha |first=Prem Shankar |date=26 February 2016 |title='Something Extraordinary is Going on in this Country' |url=http://thewire.in/2016/02/26/something-extraordinary-is-going-on-in-this-country-22822/ |url-status=dead |archive-url=https://web.archive.org/web/20160615080808/http://thewire.in/2016/02/26/something-extraordinary-is-going-on-in-this-country-22822/ |archive-date=15 June 2016 |website=]}}</ref> The registrar of the university said that the request for permission that had been filed for the event had not mentioned Afzal Guru, and that it had therefore been incomplete.<ref name="IndiaToday.in 2016"/> After filing a complaint with the JNU administration, the ] leader, Saurabh Kumar Sharma, invited two television channels to cover the event.<ref>{{cite news|url=http://timesofindia.indiatimes.com/city/delhi/Did-ABVP-member-let-media-cars-in/articleshow/51231455.cms|title=Did ABVP member let media cars in?|work=The Times of India|date=3 March 2016|access-date=20 September 2016}}</ref> | |||
], the president of the ] (JNUSU), said: "We are appalled at the way the entire incident is being used to malign JNU students. At the outset, we want to condemn the undemocratic slogans that were raised by some people on that day. It is important to note that the slogans were not raised by members of Left organisations or JNU students."<ref>{{Cite web|title = JNU student union criticises ‘anti-India’ slogans, attacks ABVP|url = http://www.hindustantimes.com/delhi/jnu-student-union-criticises-anti-india-slogans-attacks-abvp/story-ljIKS0uWJaydOQo43ETONI.html|website = http://www.hindustantimes.com/|access-date = 2016-02-19}}</ref> | |||
At a similar event held the previous year, permission had also been withdrawn shortly before the event; according to the organizers, this was because ], a Kashmiri lecturer at the ], had been scheduled to speak.<ref name=Dawn>{{cite news|url=http://www.dawn.com/news/1163365|title=BJP's student wing activists try to disrupt seminar on Kashmir issue at JNU|work=]|date=13 February 2015|access-date=20 September 2016}}</ref> Geelani had been accused of involvement in the ], but had been acquitted due to lack of evidence.<ref>{{Cite web |date=2019-10-24 |title=SAR Geelani, convicted and then acquitted in Parliament attack case, dies |url=https://www.hindustantimes.com/india-news/sar-geelani-convicted-and-then-acquitted-in-parliament-attack-case-dies/story-kVMLsVaCh16N8goq8kZZfO.html |access-date=2023-06-16 |website=Hindustan Times |language=en}}</ref> The organizers nonetheless held the event. Several students tried to prevent Geelani from attending: stones were thrown at his car, and Geelani himself was manhandled.<ref name=Dawn/> He was able to attend the event due to JNU students forming a human chain to protect him.<ref name=Dawn/> Geelani and the organizers stated that the disruptive students were members of the ], which was denied by the ABVP.<ref name=Dawn/><ref>{{cite news|url=http://www.thehindu.com/news/cities/Delhi/geelani-roughed-up-in-jnu/article6889935.ece|title=Geelani 'roughed up' in JNU|work=The Hindu|date=13 February 2015|access-date=20 September 2016}}</ref> | |||
JNUSU vice-president Shehla Rashid said "We condemn the undemocratic slogans that were raised by some people on that day. In fact, when the sloganeering had been taking place, it was the Left-progressive organisations and students, including JNUSU office-bearers, who asked the organisers to stop the slogans, which were regressive."<ref>{{cite web|title = Pro-Afzal Guru sloganeering: JNUSU fight gets intense, AISA denies making anti-national slogans - Firstpost|url = http://www.firstpost.com/politics/pro-afzal-guru-sloganeering-jnusu-fight-gets-intense-aisa-denies-making-anti-national-slogans-2623888.html|website = Firstpost|access-date = 2016-02-14|language = en-US}}</ref> | |||
==First rally== | |||
JNU administration ordered a "disciplinary" enquiry into the holding of an event on campus against the hanging of Parliament attack convict Afzal Guru, despite denial of permission, saying any talk about country’s disintegration cannot be "national". | |||
The students held the event despite the withdrawal of permission, citing their ].<ref name=Jha/> Rather than holding a protest as initially planned, the event involved a cultural programme and an art and photo exhibition.<ref name="theweek.in 2016" /><ref>{{cite web|url=http://www.thehindu.com/news/cities/Delhi/event-on-afzals-judicial-killing-triggers-controversy/article8219640.ece |title=Event on Afzal's 'judicial killing' triggers controversy |work=The Hindu |date=2016-02-10 |access-date=2016-09-21}}</ref> The event was organized near the "Sabarmati Dhaba" on the JNU campus.<ref name="IndiaToday.in 2016" /> Towards the end of the event, various student groups clashed, and police forces needed to be called in to restore order.<ref name="Indian Express">{{cite news|url=http://indianexpress.com/article/delhi/jnu-students-clash-over-event-on-afzal-guru/|title=JNU students clash over event on Afzal Guru|work=The Indian Express|date=10 February 2016|access-date=20 September 2016}}</ref> The ABVP issued a call for a protest outside the venue of the event, terming it "anti-national."<ref name="Indian Express"/> In response to the ABVP's call, members of other student groups, including the ](AISA), the ] (AISF), and the ] (SFI), arrived to support the event.<ref name="Indian Express"/> | |||
The University’s move came in wake of protests by members of ABVP outside the VC office demanding expulsion of students who "misled" the university about nature of the event.<ref name="India 2016">{{cite web | author=India | title=Afzal Guru event: Anti-India slogans at JNU campus; ‘disciplinary’ enquiry ordered | website=The Indian Express | date=2016-02-10 | url=http://indianexpress.com/article/india/india-news-india/afzal-guru-event-anti-india-slogan-at-jnu-campus-disciplinary-enquiry-ordered/ | accessdate=2016-02-15}}</ref> | |||
During the "fracas" that ensued, a small group of people raised slogans that were generally described as "anti-India" slogans.<ref name=Jha/> They included phrases like "''Kashmir ki azadi tak jung chalegi, Bharat ki barbadi tak jung chalegi''" ("War will continue till Kashmir's freedom, war will continue till India's demolition").<ref name="IndiaToday.in 2016" />{{efn|These slogans are often chanted by Pakistani jihadist group ].<ref>Umer Ali, , The Diplomat, 18 August 2016.</ref><ref> {{Webarchive|url=https://web.archive.org/web/20161002124249/https://www.ibcworldnews.com/2016/06/06/hafiz-saeeds-open-dare-against-the-us-and-india/ |date=2 October 2016 }}, IBC World News, 6 June 2016.</ref> Home minister Rajnath Singh linked the JNU protests to Lashkar-e-Taiba.<ref>, Hindustan Times, 16 February 2016.</ref>}} There was controversy over the identity of the sloganeers. Although initial media reports blamed the organizers and the students of JNU for the slogans, an investigation by the university later stated that the provocative slogans were raised by outsiders.<ref name="zeenews">{{cite web|url=http://zeenews.india.com/news/india/jnu-row-provocative-slogans-were-shouted-by-outsiders-says-universitys-probe-panel_1866104.html |title=JNU row: Provocative slogans were shouted by outsiders, says university's probe panel|work=Zeenews|date=16 March 2016|access-date=2016-03-16}}</ref> At the end of the event, JNU Student Union president ] gave a speech, in which he stated that he supported freedom of speech, but condemned "any act of violence, terrorism, any terrorist act, or any anti-national activity."<ref name=Jha/> | |||
==International response== | |||
==Immediate reactions and arrests== | |||
The incident gained International attention with students and teachers of several international universities, including the University of California and Yale, narrating his “seditious” speech in English, and uploading their videos online, with foreign students Dora Zhang and Damon Young, University of California, Berkeley saying in joint video, “We challenge the RSS’s definition of justice...". Over 400 academicians from international varsities, including Columbia, Yale, Harvard and Cambridge, come out in support of agitating students.<ref>http://www.livemint.com/Politics/RMyqBY19qftkUVbsD22sNN/JNU.html</ref> <ref>http://www.hindustantimes.com/india/jnu-gets-global-support-400-academicians-condemn-illegal-detention/story-honCIq69JYVEqe6aNcUvOI.html</ref> | |||
===Students union responses=== | |||
==Arrests of student leaders== | |||
The organizers of the event distanced themselves from the slogans. ], the president of the ] (JNUSU), said: "We are appalled at the way the entire incident is being used to malign JNU students. At the outset, we want to condemn the undemocratic slogans that were raised by some people on that day. It is important to note that the slogans were not raised by members of Left organisations or JNU students."<ref>{{Cite news|title=JNU student union criticises 'anti-India' slogans, attacks ABVP|url = http://www.hindustantimes.com/delhi/jnu-student-union-criticises-anti-india-slogans-attacks-abvp/story-ljIKS0uWJaydOQo43ETONI.html |work=Hindustan Times |date = 12 February 2016}}</ref> JNUSU vice-president ] condemned the slogans, saying; "We condemn the undemocratic slogans that were raised by some people on that day. When the sloganeering had been taking place, it was the Left-progressive organisations and students, including JNUSU office-bearers, who asked the organisers to stop the slogans, which were regressive."<ref>{{cite news |title = Pro-Afzal Guru sloganeering: JNUSU fight gets intense, AISA denies making anti-national slogans - Firstpost |url = http://www.firstpost.com/politics/pro-afzal-guru-sloganeering-jnusu-fight-gets-intense-aisa-denies-making-anti-national-slogans-2623888.html |work = Firstpost |date = 12 February 2016 |language = en-US}}</ref> | |||
The Delhi Police arrested the JNUSU president ] on charges of ] and criminal conspiracy, under section 124 of the ] dating back to 1860.<ref name="IE-arrest">{{cite web|title = JNU student leader held on ‘sedition’ charges over Afzal Guru event|url = http://indianexpress.com/article/india/india-news-india/afzal-guru-film-screening-jnu-student-leader-held-for-sedition/|website = The Indian Express|date = 2016-02-13|access-date = 2016-02-16}}</ref><ref>{{Cite web|title = Why an Indian student has been arrested for sedition|url = http://www.bbc.co.uk/news/world-asia-india-35576855|website = BBC News|access-date = 2016-02-17|first = |last = |last2 = |date = 15 February 2016}}</ref> | |||
===ABVP protests and inquiry=== | |||
The arrest soon snowballed into a major political controversy, with several leaders of opposition parties visiting the JNU campus in solidarity with the students protesting against the police crackdown. Meanwhile, Union Home Minister Rajnath Singh reiterated that while the students would not be harassed, the "guilty would not be spared". Union Minister of State for Home Affairs Kiran Rijiju said the JNU would not be allowed to become a hub for "anti-national" activities.<ref>{{Cite news|title = Showdown escalates on JNU campus|url = http://www.thehindu.com/news/national/showdown-escalates-on-jnu-campus/article8234889.ece|newspaper = The Hindu|date = 2016-02-14|access-date = 2016-02-14|issn = 0971-751X|language = en-IN}}</ref> | |||
On 10 February, the Members of the JNU branch of the ABVP, protested at the university, demanding the expulsion of the students who had organized the previous day's event.<ref name="theweek.in 2016">{{cite news| title=JNU orders probe into Afzal Guru event|work=The Week|date=10 February 2016|url=http://www.theweek.in/news/india/jnu-orders-probe-into-afzal-guru-event.html|access-date=21 September 2016}}</ref> A day later the ABVP filed an official complaint with the JNU administration, the Ministry of Human Resource Development, and the Delhi Police. The complaint referred to various leftist groups as "terrorists."<ref name="Recording">{{cite news|last1=Javaid|first1=Azaan|title=ABVP demands recording of events organised by leftist student bodies of JNU|url=http://www.dnaindia.com/india/report-abvp-demands-recording-of-events-organised-by-leftist-student-bodies-of-jnu-2176442|access-date=26 September 2016|work=DNA}}</ref> Union Home Minister ] suggested that the event had been supported by the terrorist group ],<ref>{{cite news|url=http://timesofindia.indiatimes.com/defaultinterstitial_as.cms|date=14 February 2016|title=JNU's Afzal Guru event had Hafiz Saeed's backing, Home Minister says|access-date=21 September 2016|work=The Times of India}}</ref><ref name="Al Jazeera"/> and tweeted "If anyone shouts anti India slogan & challenges nation's sovereignty & integrity while living in India, they will not be tolerated or spared."<ref name="Al Jazeera">{{cite news|title=New Delhi campus row grabs national attention|url=http://www.aljazeera.com/blogs/asia/2016/02/delhi-campus-row-seizes-national-attention-160214161846243.html|access-date=21 September 2016|work=Al Jazeera|date=15 February 2016}}</ref> He was reported to have reacted following an alert by the Party's Member of Parliament ].<ref name=Jha/> The administration of JNU stated that the event had been an act of indiscipline since permission for it had been withdrawn, and announced that it would hold a formal inquiry.<ref name="theweek.in 2016"/> The administration said that any talk about country's disintegration cannot be "national".<ref name="India 2016">{{cite news | title=Afzal Guru event: Anti-India slogans at JNU campus; 'disciplinary' enquiry ordered | newspaper=The Indian Express | date=10 February 2016 | url=http://indianexpress.com/article/india/india-news-india/afzal-guru-event-anti-india-slogan-at-jnu-campus-disciplinary-enquiry-ordered/}}</ref> | |||
===Arrests and criticism=== | |||
University teachers have criticised the arrest as "excessive police action".<ref>{{cite web|title = India student leader held on sedition charges - BBC News|url = http://www.bbc.com/news/world-asia-india-35560518|website = BBC News|access-date = 2016-02-14|language = en-GB}}</ref> JNU students formed a human chain, demanding that sedition charges against Kanhaiya Kumar be dropped.<ref>{{cite web|title = JNU row: Students form human chain, Cong demands action against ABVP {{!}} Latest News & Updates at Daily News & Analysis|url = http://www.dnaindia.com/india/report-jnu-row-jnu-students-form-human-chain-cong-demands-action-against-abvp-2177880|website = dna|access-date = 2016-02-15|language = en-US}}</ref> | |||
Four days after the initial event, the Delhi Police arrested JNUSU president Kanhaiya Kumar on charges of ] and criminal conspiracy,<ref name=Jha/> under section 124 of the ] dating back to 1860.<ref name="IE-arrest">{{cite news |title = JNU student leader held on 'sedition' charges over Afzal Guru event |url = http://indianexpress.com/article/india/india-news-india/afzal-guru-film-screening-jnu-student-leader-held-for-sedition/ |newspaper = The Indian Express |date = 13 February 2016}}</ref><ref>{{Cite news |title = Why an Indian student has been arrested for sedition |url = https://www.bbc.co.uk/news/world-asia-india-35576855 |newspaper = BBC News |date = 15 February 2016}}</ref> Five other students, Umar Khalid, Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, went into hiding after the arrest of Kanhaiya Kumar, and returned 10 days later. ] and Anirban Bhattacharya surrendered to the police and were taken into custody. The other three students did not surrender but said that they were open to questioning by police when needed.<ref name=custody>{{cite news|url=http://www.firstpost.com/india/jnu-row-kanhaiya-kumar-to-lead-push-for-umar-and-anirbans-release-from-custody-2672974.html|title=JNU row: Kanhaiya Kumar to lead push for Umar and Anirban's release from custody|work=Firstpost|date=14 March 2016|access-date=21 September 2016}}</ref> | |||
The arrest and the use of the sedition law were heavily criticized as being a suppression of ].<ref name="BBC 2016"/><ref name="Al Jazeera"/><ref>{{cite web|author=Amy Kazmin in New Delhi |url=https://www.ft.com/content/27554b34-d2e5-11e5-8887-98e7feb46f27 |title=India's BJP accused of dissent crackdown |publisher=FT.com |date=2016-02-14 |access-date=2016-09-21}}</ref> The law that Kumar was arrested under had been enacted in 1870, and used by the ] to suppress the ]; it was upheld only rarely in Indian courts.<ref name="BBC 2016"/><ref name=Showdown>{{Cite news |title = Showdown escalates on JNU campus |url = http://www.thehindu.com/news/national/showdown-escalates-on-jnu-campus/article8234889.ece |newspaper = The Hindu |date = 14 February 2016}}</ref> University teachers criticised the arrest as being an "excessive police action".<ref>{{cite news |title = India student leader held on sedition charges|url = https://www.bbc.com/news/world-asia-india-35560518 |newspaper = BBC News |date = 12 February 2016 |language = en-GB}}</ref> JNU students formed a human chain, demanding that sedition charges against Kanhaiya Kumar be dropped.<ref>{{cite news|title = JNU row: Students form human chain, Cong demands action against ABVP |url = http://www.dnaindia.com/india/report-jnu-row-jnu-students-form-human-chain-cong-demands-action-against-abvp-2177880 |newspaper = DNA India |date = 14 February 2016 |language = en-US}}</ref> ] organisation ] said Kumar's arrest and the charges against him were "uncalled for" and "India's sedition law contrary to international standards on freedom of expression must be repealed."<ref>{{Cite news |title = The Sedition Charge Against a Student Leader in India |url = https://www.theatlantic.com/international/archive/2016/02/india-jnu-sedition/462567/ |newspaper = The Atlantic |date = 12 February 2016 |language = en-US |first = Krishnadev |last = Calamur}}</ref> | |||
Amnesty India, said Kumar’s arrest and the charges against him are “uncalled for” and “India's sedition law contrary to international standards on freedom of expression must be repealed.”<ref>{{Cite web|title = The Sedition Charge Against a Student Leader in India|url = http://www.theatlantic.com/international/archive/2016/02/india-jnu-sedition/462567/|website = The Atlantic|access-date = 2016-02-17|language = en-US|first = Krishnadev|last = Calamur}}</ref> | |||
==Responses== | |||
More than 500 academics from around the world, including JNU alumni, released a statement in support of the students, stating that the JNU stands for a vital imagination of the space of a University that "embraces critical thinking, democratic dissent, student activism, and the plurality of political beliefs."<ref>{{Cite web|title = JNU world alumni back university students, faculty|url = http://www.tribuneindia.com/news/nation/jnu-world-alumni-back-university-students-faculty/197026.html|website = The Tribune|access-date = 2016-02-16|first = |last = |date = 16 February 2016}}</ref> In a separate statement, over 130 world-leading scholars including ], ] and ] called it a "shameful act of the Indian government" to invoke sedition laws formulated during colonial times to silence criticism.<ref>, The Hindu, 16 February 2016.</ref><ref>, The Hindu, 21 February 2016.</ref> Students from ], ] and ] showed their solidarity by recording videos reading out the speech of Kanhaiya Kumar which was labelled seditious.<ref>, NDTV, 21 February 2016.</ref> | |||
===Student protests=== | |||
==Fabrications== | |||
Following the arrest of Kanhaiya Kumar, massive protests broke out among students, staff and faculty at JNU.<ref name="ibtimes1">{{cite web|url=http://www.ibtimes.co.uk/jnu-turmoil-narendra-modi-agrees-discuss-issue-parliament-protests-snowball-1544124 |title=JNU turmoil: Narendra Modi agrees to discuss issue in parliament as protests snowball |publisher=Ibtimes.co.uk |date=2016-02-16 |access-date=2016-09-21}}</ref> Thousands of individuals attended the demonstrations.<ref name="ibtimes1"/> On 14 February 2016, students of the university issued a "shutdown call", and stated that they would not allow further classes to take place until Kumar was released.<ref name="thehindu1">{{cite news|url=http://www.thehindu.com/news/cities/Delhi/jnu-students-give-shutdown-call/article8236090.ece |title=JNU students give shutdown call |newspaper=The Hindu |date=2016-02-14 |access-date=2016-09-21|last1=Sebastian |first1=Kritika Sharma }}</ref> The rallies were addressed by politicians such as Rahul Gandhi, Sitaram Yechury, and Anand Sharma. Although the protests were largely peaceful, Sharma was assaulted by an unidentified individual, alleged to be a member of the ABVP.<ref name="thehindu1"/> In addition to protesting the arrest, the rallies chose to highlight "the unfair treatment of minorities and Muslims in the country".<ref>{{cite web|author=Jess Staufenberg |url=https://www.independent.co.uk/news/world/asia/india-anti-government-ralliesdelhi-student-leader-arrest-kanhaiya-kumar-a6875381.html |title=India: Thousands attend anti-government rallies in Delhi following student leader's arrest |work=The Independent |date= 15 February 2016|access-date=2016-09-25}}</ref> JNUSU Vice-president ] was among the leaders of these protests.<ref name=custody/> | |||
''Zee News'' reported that some of the students from Democratic Students' Union (DSU) raised slogans such as "''Bharat Ki Barbadi''" ("Destruction of India") and " ''Pakistan Zindabad''" ("long live Pakistan") <ref>{{cite web|title = From 'Pakistan Zindabad' to 'Bharat ki barbaadi' - Slogans that were raised by 'anti-nationals' in JNU|url = http://zeenews.india.com/news/india/from-pakistan-zindabad-to-bharat-ki-barbaadi-slogans-that-were-raised-by-anti-nationals-in-jnu_1855562.html|website = Zee News|access-date = 2016-02-14}}</ref> | |||
The ''Zee News'' report was found to be based on a misinterpretation by ''Zee News''. In a letter Vishwa Deepak, one of the ''Zee News'' producer of the itmes, stated "Our biases made us hear Bhartiya Court Zindabad as Pakistan Zindabad." ("long live Indian courts" as "long live Pakistan.") Subsequently Vishwa Deepak resigned from the channel after expressing reservations over its 'biased coverage'.<ref name="TIE-quit" />{{refn|group=note| According to Vishwa Deepak, there is a pro-Modi bias at ''Zee News'', and that ''Zee News'' "has abetted a riot-like situation."<ref name="newslaundry-VD">{{Cite web | url = http://www.newslaundry.com/2016/02/21/we-speak-with-the-zee-news-journalist-who-resigned-over-the-channels-coverage-of-junrow/ | title = We speak with the Zee News journalist who resigned over the channel’s coverage of #JNURow | website = Newslaundry | access-date = 2016-02-26 }}</ref> In response, Zee News Editor Sudhir Chaudhary said "Our channel only showed what was happening there, whatever we have shown is 100 per cent authentic. How far will you push freedom of speech?"<ref name="newslaundry-VD" />}} The misinterpretation was disclosed when the Aam Aadmi Party filed a complaint, alleging that ABVP-students raised "Pakistan Zindabad" slogans. The ABVP admitted that members of their organisation had been present, but shouted "Bharatiya Court Zindabad" and "Indian Army Zindabad," and filed a counter complaint. The police then declared that "the footage had been tampered with."<ref name="TIE-quit">{{cite news|url=http://indianexpress.com/article/india/india-news-india/zee-news-producer-quits-video-we-shot-had-no-pakistan-zindabad-slogan/ |title=Zee News producer quits: Video we shot had no Pakistan Zindabad slogan |date=22 February 2016 |work=The Indian Express |author=Sarah Hafeez}}</ref> | |||
Protests against the arrests in were held in the ], ],<ref name=":0" /> ],<ref name=":1" /> ],<ref name=":2" /> ],<ref name=":3" /> and ]. | |||
Another video, dated 11 february 2016, which showed a speech by JNU Students' Union President Kanhaiya Kumar making anti-national slogans, appears to be doctored. According to ''India Today'', "In the original video, Kanhaiya is asking to end social ills such as caste and communalism not anti national slogans, experts said."<ref>{{cite web|url = http://indiatoday.intoday.in/story/forensic-experts-say-kanhaiya-video-was-doctored/1/600808.html|website = India Today |access-date = 2016-02-22}}</ref><ref>{{cite web|url=http://indiatoday.intoday.in/story/panelists-debate-whether-kanhaiya-sedition-video-doctored-or-not/1/599933.html|title=JNU row: Did a fake video fuel the anti-national fire?|website=India Today | access-date=2016-02-22}}</ref> | |||
===Response from Political Parties=== | |||
On 14 February 2016, Union Home Minister Rajnath Singh alleged that the JNU incident has the support of the ] chief ].<ref>{{cite web|title = Understand the reality... Lashkar chief Hafiz Saeed backed JNU incident: Home Minister Rajnath Singh|url = http://indianexpress.com/article/india/india-news-india/rajnath-singh-hafiz-saeed-let-jnu-protests-had-support-of-let-chief-hafiz-saeed-rajnath-singh/|website = The Indian Express|date = 2016-02-15|access-date = 2016-02-15}}</ref> Doubts were soon expressed if this was tied to the discredited alert by ] that used a tweet from a fake/parody account.<ref>{{cite web|title = JNU row: Behind govt claim, a fake ‘Hafeez’ Saeed tweet|url = http://indianexpress.com/article/india/india-news-india/jnu-row-behind-govt-claim-a-fake-hafiz-saeed-tweet/|website = The Indian Express|date = 2016-02-15|access-date = 2016-02-15}}</ref> | |||
Several political parties criticized the actions of the government, on the grounds that it was "an attempt by the BJP to push its Hindu nationalist agenda."<ref name="BBC 2016"/> ] vice-president ] said "It seems only the Bharatiya Janata Party and the Rashtriya Swayamsevak Sangh have the licence to say who is a traitor and who is a patriot".<ref name="hindustantimes.com">{{cite news |url=http://www.hindustantimes.com/india/traitor-anti-national-and-intolerant-who-said-what-at-the-jnu-protest/story-zFhiONmAl93OETobVEjAHK.html |title='Traitor, anti-national and intolerant': Who said what at JNU protest |newspaper=Hindustan Times |date=16 February 2016}}</ref> Gandhi visited the JNU campus in solidarity with the protesting students.<ref name=Showdown/> The general secretary of the ], ], tweeted "There can be no bigger farce than (Nathuram) ]-worshippers putting out certificates on nationalism."<ref name="hindustantimes.com"/> Along with the ] secretary ] and ] representative ] and ] asked Delhi chief minister ] to order a probe into the actions of the police.<ref name=Showdown/> Following the meeting, the ] government ordered a magisterial probe.<ref name=Showdown/> Several political figures attended public meetings held by students at JNU.<ref name=Showdown/> | |||
Ministers in the BJP government were supportive of the actions of the police. Rajnath Singh said, "Be it JNU or any other institution, anti-India slogans can never be tolerated."<ref name="huffingtonpost1">{{cite web|author=Sandip Roy Contributing Editor, HuffPost India |url=http://www.huffingtonpost.in/2016/02/12/jnu-sedition-charge-modi-government-is-acting-like-a-bull-in-a/ |title=JNU Sedition Charge: Modi Government Is Acting Like A Bull In A China Shop |publisher=Huffingtonpost.in |date=2016-07-15 |access-date=2016-09-21}}</ref> The ] ] stated that the country (could) never tolerate any insult to Mother India.<ref name="huffingtonpost1"/> Minister of State ] said that "Be it JNU or any other institution, anti-India slogans can never be tolerated."<ref name="huffingtonpost1"/> | |||
== Patiala House court attacks == | |||
The journalists covering this sedition case were assaulted by the lawyers outside the Patiala House court which led to a protest by the journalists against the violence that took place.<ref>{{Cite web | |||
| url = http://indianexpress.com/article/india/india-news-india/jnu-patiala-house-court-attack-indian-express-journalists-recount-the-assault/ | |||
| title = Attack at Patiala House court: Indian Express journalists recount the assault | |||
| date = 2016-02-16 | |||
| website = The Indian Express | |||
| access-date = 2016-02-26 | |||
}}</ref><ref>{{Cite web | |||
| url = http://indiatoday.intoday.in/story/journalists-stage-protest-over-attack-at-patiala-house-court/1/597148.html | |||
| title = Journalists stage protest over attack at Patiala House court : India, News - India Today | |||
| website = indiatoday.intoday.in | |||
| access-date = 2016-02-26 | |||
}}</ref> | |||
===Community response=== | |||
On 16 February 2016, the ] has agreed to hear an urgent plea seeking "free and fair access to justice" to Kanhaiya Kumar, following acts of violence against JNU students and lecturers as well as a number of journalists at the Patiala House Court premises under the watch of police.<ref>{{Cite news|title = Supreme Court agrees to urgent hearing on plea over JNU row|url = http://www.thehindu.com/news/national/jnu-row-supreme-court-agrees-to-urgent-hearing-on-plea-against-violence-on-students-teachers-journalists/article8244676.ece|newspaper = The Hindu|date = 2016-02-16|access-date = 2016-02-17|issn = 0971-751X|language = en-IN}}</ref> It transferred to the bail plea of Kanhaiya Kumar to the Delhi High Court to ensure his safety.<ref>, The Hindu, 19 February 2016.</ref>. On February 22, 2016, India today broadcast a video in which three lawyers of the Patiala House court claim that they beat Kanhaiya Kumar in police custody.<ref>{{cite news|last1=Mathur|first1=Avarnita|title=EXCLUSIVE: Kanhaiya wet his pants while we beat him up in police custody, say lawyers behind Patiala House assault|url=http://indiatoday.intoday.in/story/exclusive-kanhaiya-wet-his-pants-while-we-beat-him-up-in-police-custody-say-lawyers-behind-patiala-house-assault/1/602690.html|accessdate=24 February 2016|work=India today|date=22 February 2016}}</ref>. A six member Supreme Court-appointed panel later confirmed that the policemen present at the Court were responsible for the security lapses, and further stating that police allowed 2 persons to enter the court room, and continued to let the assault take place, in direct violation of the SC direction on Kanhaiya's safety.<ref>http://indianexpress.com/article/india/india-news-india/kanhaiya-kumar-patiala-house-court-delhi-police-bs-bassi-supreme-court/</ref> | |||
Forty senior journalists from around the country, alumni of JNU, condemned the arrests stating that every university should protect dissenting members however unpalatable they may be to the mainstream opinion. They chastised the "government in power" for using the incidents as a ruse to attack a higher education institution and regarded it as a part of the attacks on dissent and freethinking.<ref name=EPW1>{{cite journal|url=http://www.epw.in/journal/2016/8/letters/stand-jnu-i-journalists-jnu.html|title=Stand with JNU-I: Journalists from JNU|journal=Economic and Political Weekly|date=20 February 2016|access-date=21 September 2016|volume=51|issue=8}}</ref> A group of professors from the ] said that the state cannot dictate the many meanings of what it means to be "Indian" or mandate the meaning of "nationalism."<ref name=EPW2>{{cite journal|url=http://www.epw.in/journal/2016/8/letters/stand-jnu-iv-undermining-institutions.html|title=Stand with JNU-IV: Undermining Institutions|journal=Economic and Political Weekly|date=20 February 2016|access-date=21 September 2016|volume=51|issue=8}}</ref> | |||
Lyricist and film director ] said that he felt he and his country to be safe when he saw youngsters raising their voices in dissent.<ref>{{cite news|url=http://www.dnaindia.com/entertainment/report-i-feel-both-me-and-my-country-are-safe-gulzar-supports-jnu-students-voice-of-dissent-2192084|title=I feel both me and my country are safe: Gulzar supports JNU students' voice of dissent|work=DNA India|date=21 March 2016|access-date=21 September 2016}}</ref> The ] and several other commentators called the whole protest movement an "Indian spring" of 2016.<ref>{{cite news|first=Soutik|last=Biswas|url=https://www.bbc.co.uk/news/world-asia-india-35761268|title=Kanhaiya Kumar: India's most loved and loathed student|work=BBC News|date=11 March 2016}}</ref><ref>{{cite journal |first=Rajat |last=Datta |url= http://www.epw.in/journal/2016/9/commentary/spring-2016-and-idea-jnu.html |title=The Spring of 2016 and the Idea of JNU |journal= Economic and Political Weekly |date= 27 February 2016 |volume=51 |issue=9}}</ref><ref>{{cite news|first=Harsh|last=Mander|url=http://indianexpress.com/article/opinion/columns/can-an-indian-spring-be-far-behind/|title=Can an Indian spring be far behind? |work= Indian Express |date= 11 March 2016}}</ref> Journalist ] described the arrests as an "abuse of the law," and stated that they constituted a "re-emergence of a totalitarian threat."<ref name="Jha"/> | |||
In contrast, an article published by Mohandas Pai argued that university students needed to focus on their academic studies rather than politics.<ref name="ibtimes2">{{cite web|url=http://www.ibtimes.co.uk/we-fund-your-studies-indians-want-students-stay-away-politics-jnu-row-continues-1543943 |title=We Fund Your Studies: Indians want students to stay away from politics as JNU row continues |publisher=Ibtimes.co.uk |date=15 February 2016|access-date=2016-09-21}}</ref><ref>{{cite web|url=http://www.ndtv.com/opinion/dear-jnu-students-we-fund-your-studies-not-your-politics-1277417 |title=Dear JNU Students, We Fund Your Studies, Not Your Politics by Mohandas Pai |publisher=Ndtv.com |date=2016-02-15 |access-date=2016-09-21}}</ref> The article garnered substantial support online, although a number of people also disputed the article, making the argument that education involved more than just academic learning.<ref name="ibtimes2"/> | |||
===International response=== | |||
More than 500 academics from around the world, including JNU alumni, released a statement in support of the protesting students, stating that the JNU stands for a vital imagination of the space of a university that "embraces critical thinking, democratic dissent, student activism, and the plurality of political beliefs."<ref>{{cite news |title = JNU world alumni back university students, faculty |url = http://www.tribuneindia.com/news/nation/jnu-world-alumni-back-university-students-faculty/197026.html |newspaper = The Tribune |date = 16 February 2016}}</ref><ref>{{cite news |url=http://www.livemint.com/Politics/RMyqBY19qftkUVbsD22sNN/JNU.html |title=JNU sedition case: Students of international universities support Kanhaiya Kumar |author=PTI |newspaper=Live Mint |date=21 February 2016}}</ref><ref name=":5">{{cite news |url=http://www.hindustantimes.com/india/jnu-gets-global-support-400-academicians-condemn-illegal-detention/story-honCIq69JYVEqe6aNcUvOI.html |title=JNU row: Academicians from Harvard, Yale condemn 'illegal detention' |newspaper=Hindustan Times |date=16 February 2016}}</ref> | |||
In a separate statement, over 130 well-known scholars, including ], ], ] and ] called it a "shameful act of the Indian government" to invoke sedition laws formulated during colonial times to silence criticism.<ref name=":4" /> They also criticized "the culture of authoritarian menace that the present government in India has generated."<ref>{{cite news|url=http://www.thehindu.com/news/national/jnu-events-signal-culture-of-authoritarian-menace/article8245492.ece|title=JNU events signal culture of authoritarian menace'|work=The Hindu|date=16 February 2016|access-date=21 September 2016}}</ref><ref>{{cite news|url=http://www.thehindu.com/news/national/chomsky-to-jnu-vc-why-did-you-allow-police-on-campus/article8264400.ece|title=Chomsky to JNU V-C: why did you allow police on campus?|work=The Hindu|date=21 February 2016|access-date=21 September 2016}}</ref> Students from ], ] and ] showed their solidarity with the protesting students, by narrating Kanhaiya Kumar's "seditious" speech in English, and uploading their videos online.<ref>{{cite news|url=http://www.ndtv.com/india-news/students-in-california-yale-narrate-jnu-student-kanhaiyas-seditious-speech-1279683|title=Students In California, Yale Narrate JNU Student Kanhaiya's 'Seditious' Speech|date=21 February 2016|access-date=21 September 2016}}</ref> | |||
==Legal and administrative proceedings== | |||
The day after the initial rally, the university administration ordered a "disciplinary inquiry into the incident." On 12 February, four days after the initial event, Kanhaiya Kumar was arrested and charged with ] and criminal conspiracy,<ref name=Jha/> under section 124 of the ].<ref name="IE-arrest"/> Kumar was placed in judicial custody for a period of three days.<ref name=DNA>{{cite web|url=http://www.dnaindia.com/india/report-from-anti-national-slogans-to-kanhaiya-kumar-s-bail-here-is-how-jnu-row-has-unfolded-so-far-2184960 |title=JNU row: A timeline of events | Latest News & Updates at Daily News & Analysis |publisher=Dnaindia.com |date=2016-03-03 |access-date=2016-09-25}}</ref> | |||
Based on the initial investigation report, ] and seven other students were academically debarred.<ref>{{cite news|url=http://www.ndtv.com/india-news/kanhaiya-had-objected-to-cancellation-of-permission-for-afzal-guru-event-jnu-registrar-1284541|title=Kanhaiya Had Objected To Cancellation Of Permission For Afzal Guru Event: JNU Registrar|work=NDTV|date=7 March 2016|access-date=26 September 2016}}</ref><ref>{{cite news|url=http://www.newindianexpress.com/nation/Kanhaiya-Had-Objected-to-Cancellation-of-Permission-for-Afzal-Guru-Event-JNU-Registrar/2016/03/06/article3313577.ece|archive-url=https://web.archive.org/web/20160307110513/http://www.newindianexpress.com/nation/Kanhaiya-Had-Objected-to-Cancellation-of-Permission-for-Afzal-Guru-Event-JNU-Registrar/2016/03/06/article3313577.ece|url-status=dead|archive-date=7 March 2016|title=Kanhaiya Had Objected to Cancellation of Permission for Afzal Guru Event: JNU Registrar|work=Indian Express|date=8 March 2016|access-date=26 September 2016}}</ref> Kanhaiya Kumar was granted six-month interim bail by the Delhi High Court on 2 March 2016. On 11 March, the involved students were allowed to attend their classes again.<ref>{{cite web|author=Azaan Javaid |url=http://www.dnaindia.com/india/report-suspension-of-kanhaiya-kumar-cancelled-jnu-faculty-to-see-if-abvp-finds-mention-in-internal-committee-report-2188273 |title=Suspension of Kanhaiya Kumar cancelled, JNU faculty to see if ABVP finds mention in internal committee report | Latest News & Updates at Daily News & Analysis |publisher=Dnaindia.com |date=2016-03-12 |access-date=2016-03-16}}</ref> | |||
===Patiala House court incidents=== | |||
Kanhaiya Kumar's hearing was scheduled to take place on 15 February, in the Patiala House court.<ref name=DNA/> A group of 40 lawyers began shouting slogans against JNU prior to the hearing.<ref>{{cite web|author=Jahnavi Sen |url=http://thewire.in/21671/students-teachers-manhandled-by-lawyers-at-patiala-house-court-as-tensions-mount-at-jnu/ |title=Students, Teachers Attacked by Lawyers, BJP at Delhi Court as Tensions Mount at JNU|publisher=The Wire|date=2016-02-15 |access-date=2016-09-25}}</ref> The journalists covering the case were assaulted by the lawyers outside the Patiala House court. Students and teachers of JNU who had come to attend the hearing were also beaten by a group of men in lawyer robes, who tried to push them out of the courthouse.<ref name=Lawyers>{{cite web|url=http://timesofindia.indiatimes.com/india/Lawyers-JNU-students-clash-in-Patiala-House-court-premises/articleshow/50995756.cms |title=Lawyers, JNU students clash in Patiala House court premises|publisher=Timesofindia.indiatimes.com |date=2016-02-15 |access-date=2016-09-25}}</ref> Two members of the media were injured in the scuffle. The lawyers also verbally abused the students, referring to them as terrorists.<ref name=Lawyers/> The incident led to a protest by the journalists against the violence that took place.<ref>{{Cite news| url = http://indianexpress.com/article/india/india-news-india/jnu-patiala-house-court-attack-indian-express-journalists-recount-the-assault/| title = Attack at Patiala House court: Indian Express journalists recount the assault | date = 16 February 2016 | newspaper = The Indian Express}}</ref> BJP MLA | |||
] was among those seen beating a man outside the court: Sharma later stated that he had been attacked first.<ref>{{Cite news | url = http://indiatoday.intoday.in/story/journalists-stage-protest-over-attack-at-patiala-house-court/1/597148.html | title = Journalists stage protest over attack at Patiala House court| newspaper = India Today| date=16 February 2016}}</ref> The incident occurred while policemen were present, but they took no action.<ref name="Supreme Court"/> On the same day, a ] was filed with respect to the violence at the court. The ] criticized the attack and said that it would hold in inquiry.<ref name=DNA/> The Delhi Court extended Kanhaiya Kumar's judicial custody by two days. Also on 15 February, a petition was filed in the ], seeking a ] probe in the "sedition" case: the petition was dismissed the next day.<ref name=DNA/> On 17 February, a second hearing was held in the Patiala House court: this too was disrupted by men wearing lawyer robes. Following this scuffle, Kanhaiya Kumar's judicial custody was extended until 2 March.<ref name=DNA/> | |||
===Supreme Court rulings=== | |||
On 16 February 2016, the ] agreed to hear a plea seeking "free and fair access to justice" to Kanhaiya Kumar, following the acts of violence against journalists, JNU students and lecturers.<ref name="Supreme Court">{{Cite news |title = Supreme Court agrees to urgent hearing on plea over JNU row |url = http://www.thehindu.com/news/national/jnu-row-supreme-court-agrees-to-urgent-hearing-on-plea-against-violence-on-students-teachers-journalists/article8244676.ece |newspaper = The Hindu |date = 16 February 2016 }}</ref> Two days later on 18 February, Kumar filed a petition in the Supreme Court seeking bail.<ref name=DNA/> On the same day, a six-member panel that had been investigating the Patiala House court violence submitted its report to the Supreme Court.<ref name=DNA/> The Supreme Court-appointed panel stated that the policemen present at the Court were responsible for the security lapses, and further stating that police allowed 2 persons to enter the court room, and continued to let the assault take place, in direct violation of the SC direction on Kanhaiya's safety.<ref>{{cite news |url=http://indianexpress.com/article/india/india-news-india/kanhaiya-kumar-patiala-house-court-delhi-police-bs-bassi-supreme-court/ |title=JNU sedition case: Video is out; Kanhaiya Kumar assaulted, breaks down, police duck for cover |date=28 February 2016 |newspaper=The Indian Express}}</ref> The Supreme Court transferred Kumar's bail plea to the Delhi High Court to ensure his safety.<ref>{{cite news|url=http://www.thehindu.com/news/national/jnu-row-kanhaiya-kumar-bail-hearing-at-supreme-court/article8256830.ece|title=SC transfers JNU student Kanhaiya Kumar's bail plea to Delhi High Court|work=The Hindu|date=19 February 2016|access-date=22 September 2016}}</ref> On 22 February 2016, news outlet '']'' broadcast a video in which three lawyers of the Patiala House court claimed that they beat Kanhaiya Kumar while he was in police custody.<ref>{{cite news |last1=Mathur |first1=Avarnita |title=EXCLUSIVE: Kanhaiya wet his pants while we beat him up in police custody, say lawyers behind Patiala House assault |url=http://indiatoday.intoday.in/story/exclusive-kanhaiya-wet-his-pants-while-we-beat-him-up-in-police-custody-say-lawyers-behind-patiala-house-assault/1/602690.html |access-date=24 February 2016 |newspaper=India today |date=22 February 2016}}</ref> | |||
===Other arrests and bail=== | |||
Kanhaiya Kumar was granted six months of interim bail by the Delhi High Court on 2 March 2016. Justice Pratibha Rani noted that there were no recordings of Kumar participating in anti-national slogans. Going beyond the immediate issue, the judge also held that the alleged slogans threatened national integrity, and could not be protected as free speech. She characterized them as a form of "infection," which could sometimes be treated, but occasionally needed to be ].<ref>{{cite news|url=http://indianexpress.com/article/india/india-news-india/kanhaiya-kumar-bail-jnu-delhi-high-court/|title=JNU row: Kanhaiya Kumar gets bail and a lesson on thoughts that 'infect… (like) gangrene'|work=Indian Express|date=3 March 2016|access-date=24 September 2016}}</ref> | |||
Five other students, ], Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, had gone hiding after Kumar's arrest on 12 February and returned 10 days later. Umar Khalid and Anirban Bhattacharya surrendered to the police on 23 February and were taken into custody.<ref name="Umar Khalid">{{cite news|title=JNU's Umar Khalid, Anirban Bhattacharya Get Bail, Kanhaiya Kumar Order Helps|url=http://www.ndtv.com/india-news/jnu-students-anirban-and-umar-khalid-arrested-on-sedition-charges-get-bail-1288557|work=NDTV|access-date=25 September 2016|date=18 March 2016}}</ref> The other three students did not surrender but said that they were open to questioning by police when needed.<ref name=custody/> Khalid and Bhattacharya were held in ], and released on bail on 17 March.<ref name="Umar Khalid"/> In releasing them, the judge cited the bail previously granted to Kanhaiya Kumar, as well as the fact that both students were educated individuals, with the two being ordered not to leave the city.<ref name="Umar Khalid"/> Umar Khalid stood accused of being one of the main organizers of the event commemorating Afzal Guru.<ref name="Umar Khalid"/> | |||
===Investigation results=== | |||
A separate magisterial investigation ordered by the Delhi Government did not find any evidence of Kanhaiya Kumar participating in anti-national sloganeering.<ref>{{cite news|url=http://economictimes.indiatimes.com/news/politics-and-nation/jnusu-president-kanhaiya-kumar-gets-clean-chit-in-aap-government-appointed-probe/articleshow/51240113.cms|title=JNUSU president Kanhaiya Kumar gets clean chit in AAP government-appointed probe|work=Economic Times|date=3 March 2016|access-date=24 September 2016}}</ref> New Delhi district magistrate Sanjay Kumar stated that doubts had been raised as to whether Pakistan Zindabad slogans had been chanted at the 9 February protest, and questions were raised about whether it had been outsiders from JNU who had shouted anti-Indian slogans. The report was not definitive about the role of Khalid in the protest, with District Magistrate Kumar saying that Khalid's role needed "to be further investigated." Following the submission of the report, Kumar was released on bail, but Khalid remained in custody. Regarding the controversy of fabricated videos, District Magistrate Kumar's probe reviewed seven videos sent for verification, and three were found to have been doctored by having been edited and voices added.<ref>{{cite news | title=JNU row: Delhi govt probe absolves Kanhaiya but unsure of Umar's role | url=http://www.hindustantimes.com/cities/kanhaiya-umar-didn-t-shout-anti-national-slogans-in-jnu-delhi-govt/story-2f7T0AlGcx6wZOXNO4lFLK.html}}</ref> | |||
The inquiry committee appointed by the administration of JNU initially asked 21 students to explain their contravention of university rules.<ref>{{cite web|url=http://www.ndtv.com/india-news/jnu-students-anirban-and-umar-khalid-arrested-on-sedition-charges-get-bail-1288557 |title=JNU's Umar Khalid, Anirban Bhattacharya Get Bail, Kanhaiya Kumar Order Helps |publisher=Ndtv.com |date=2016-03-18 |access-date=2016-09-25}}</ref> Based on the inquiry, the committee meted out varying punishments to a number of students. Kanhaiya Kumar was fined 10,000 rupees, which Umar Khalid and Anirban Bhattacharya were rusticated from the university.<ref name="indiatimes1">{{cite web|url=http://timesofindia.indiatimes.com/india/JNU-sedition-row-Kanhaiya-fined-Rs-10000-Umar-Khalid-rusticated-for-one-semester/articleshow/51980941.cms |title=JNU sedition row: Kanhaiya fined Rs 10,000, Umar Khalid rusticated for one semester - Times of India |publisher=Timesofindia.indiatimes.com |access-date=2016-09-25}}</ref> A number of other students received fines, rustications, bans from campus, or withdrawals of hostel facilities.<ref name="indiatimes1"/> The committee found that the provocative slogans at the 9 February event were raised by a group of outsiders, wearing masks.<ref name="zeenews-outsiders">{{cite web|url=http://zeenews.india.com/news/india/jnu-row-provocative-slogans-were-shouted-by-outsiders-says-universitys-probe-panel_1866104.html |title=JNU row: Provocative slogans were shouted by outsiders, says university's probe panel | Zee News |publisher=Zeenews.india.com |date= 16 March 2016|access-date=2016-03-16}}</ref> The panel criticized the campus security force for failing to prevent the sloganeering and failing to stop the outsiders from leaving the campus.<ref name="zeenews-outsiders"/> It also criticized the organizers of the first event for not "acting with due responsibility." The panel stated, "This act by outsiders has brought disrepute to the entire JNU community."<ref name="zeenews-outsiders"/> | |||
==Aftermath== | |||
On 3 March 2016, Kanhaiya Kumar gave a speech to a packed auditorium on the JNU campus, in which he said he was seeking, not freedom from India, but freedom ''within'' India. He appealed to his fellow students to free the nation from the clutches of the ], which he said was trying to divide the nation. Referring to the ABVP, whose members were instrumental in bringing about his arrest, he called them his "opposition", not his enemy. He urged his supporters to keep raising the slogans of ''azadi'' (freedom).<ref>{{cite news|url=http://www.thehindu.com/news/national/jnusu-leader-kanhaiya-kumar-speech-after-release/article8310221.ece|title=JNUSU leader Kanhaiya Kumar gives a blistering speech after release|work=The Hindu|date=3 March 2016|access-date=25 September 2016}}</ref><ref>{{cite news|url=http://www.ndtv.com/india-news/full-speech-kanhaiya-kumar-out-on-bail-speaks-of-azadi-on-jnu-campus-1283740|title=Full Speech: Kanhaiya Kumar, Out On Bail, Speaks Of 'Azadi' On JNU Campus|work=NDTV|date=3 March 2016|access-date=25 September 2016}}</ref><ref>{{cite news|url=http://www.dnaindia.com/india/report-azaadi-azaadi-kanhaiya-kumar-gives-fiery-speech-mocking-modi-govt-sangh-parivar-at-jnu-campus-2185396|title=Azaadi, azaadi': Kanhaiya Kumar gives fiery speech mocking Modi govt, Sangh Parivar at JNU campus|work=DNA India|date=3 March 2016|access-date=25 September 2016}}</ref> | |||
Following the ruling of the university-appointed committee, the students of JNU who had been punished stated that they would not accept their punishment, and would not vacate their hostels as the university had ordered.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/JNU-students-will-not-accept-punishment-Kanhaiya-Kumar/articleshow/51999779.cms |title=JNU students will not accept punishment: Kanhaiya Kumar |publisher=Times of India |date=2016-04-26 |access-date=2016-09-25}}</ref> On 28 May, 25 students launched an indefinite ], demanding that their punishment be overturned.<ref name="hindustantimes1">{{cite web|url=http://www.hindustantimes.com/india/5-jnu-students-withdraw-from-hunger-strike-kanhaiya-critical/story-e3BwpWPuhpbMxrTKuje8BJ.html |title=5 JNU students withdraw from hunger strike, Kanhaiya critical |publisher=Hindustan Times |date=2016-05-05 |access-date=2016-09-25}}</ref> Various students withdrew from the strike as it progressed, due to deteriorating health.<ref name="hindustantimes1"/><ref>{{cite news|url=http://www.thehindu.com/news/national/jnu-students-union-hunger-strike-umar-khalid-taken-to-aiims-withdraws-hunger-strike/article8575857.ece |title=JNU students union hunger strike: Umar Khalid taken to AIIMS, withdraws hunger strike |newspaper=The Hindu |date=2016-05-09 |access-date=2016-09-25}}</ref> On 10 May, Khalid and Bhattacharya filed a petition in the Delhi High Court against their sentences. On 12 May, a number of other students, including Kanhaiya Kumar, challenged their punishment in the High Court.<ref name="thehindu2">{{cite web|url=http://www.thehindu.com/news/national/delhi-high-court-hearing-on-action-against-kanhaiya-umar-anirban/article8594093.ece |title=High Court asks JNU students to end their hunger strike |work=The Hindu |date=2016-05-13 |access-date=2016-09-25}}</ref> The same day, the High Court stayed the punishment meted out to the students until 19 September, on the condition that the students suspend their hunger strike (which had run for 16 days up to that point), and allow the university to function normally.<ref>{{cite web|url=http://indiatoday.intoday.in/story/delhi-high-court-to-jnus-kanhaiya-kumar-call-off-hunger-strike-first-then-we-hear-your-plea/1/667260.html |title=HC stays disciplinary action against JNU's Kanhaiya Kumar, says end agitation now |publisher=Indiatoday|date=2016-05-13 |access-date=2016-09-25}}</ref><ref name="thehindu2"/> | |||
On 23 August, the appellate authority of JNU, which heard the students' appeal against their sanctions, upheld the ruling of the investigative committee, although a few of the fines were reduced. The students were given a two-week deadline to comply with the order.<ref>{{cite web|author=Scroll Staff |url=http://scroll.in/latest/814776/jnu-appeals-court-upholds-punishments-for-21-students-over-anti-national-event |title=JNU appeals court upholds punishments for 21 students over 'anti-national' event |publisher=Scroll.in |date=2016-08-24 |access-date=2016-09-25}}</ref> On 5 September, the Delhi High Court put the order on hold, and postponed a hearing on the matter.<ref>{{cite web|url=http://www.firstpost.com/india/dont-take-action-against-umar-anirban-for-a-week-delhi-hc-directs-jnu-2991546.html |title=Don't take action against Umar, Anirban for a week: Delhi HC directs JNU |date=5 September 2016 |publisher=Firstpost |access-date=2016-09-25}}</ref> In between these two events, Kumar, Khalid, and Bhattacharya were also given regular bail in place of the interim bail they had previously been granted in the sedition case.<ref>{{cite web|url=http://www.india.com/news/india/kanhaiya-kumar-umar-khalid-anirban-bhattacharya-granted-regular-bail-in-sedition-case-1437608/ |title=Kanhaiya Kumar, Umar Khalid, Anirban Bhattacharya granted regular bail in sedition case |publisher=India.com |date= 26 August 2016|access-date=2016-09-25}}</ref> A few days later, the Delhi High court further postponed the enactment of the university order to 19 October, and in the interim asked for the university's response to the students' petition.<ref>{{cite web|url=http://timesofindia.indiatimes.com/city/delhi/HC-asks-JNU-not-to-take-action-against-Kanhaiya-till-Oct-19/articleshow/54038245.cms |title=HC asks JNU not to take action against Kanhaiya till Oct 19 - Times of India |publisher=Times of India |date=2016-09-07 |access-date=2016-09-25}}</ref> | |||
==Debate on fabrication of evidence== | |||
] reported that some of the students from the Democratic Students' Union (DSU) raised slogans such as "''Bharat Ki Barbadi''" ("Destruction of India") and "''Pakistan Zindabad''" ("Long live Pakistan").<ref>{{cite news |title = From 'Pakistan Zindabad' to 'Bharat ki barbaadi' - Slogans that were raised by 'anti-nationals' in JNU |url = http://zeenews.india.com/news/india/from-pakistan-zindabad-to-bharat-ki-barbaadi-slogans-that-were-raised-by-anti-nationals-in-jnu_1855562.html |newspaper = Zee News |date = 14 February 2016}}</ref> | |||
The ] filed a complaint, alleging that ABVP students had raised "Pakistan Zindabad" slogans. The ABVP admitted that members of their organisation had been present, but shouted "Bharatiya Court Zindabad" and "Indian Army Zindabad," and filed a counter-complaint. The police then declared that "the footage had been tampered with."<ref name="TIE-quit">{{cite news |url=http://indianexpress.com/article/india/india-news-india/zee-news-producer-quits-video-we-shot-had-no-pakistan-zindabad-slogan/ |title=Zee News producer quits: Video we shot had no Pakistan Zindabad slogan |date=22 February 2016 |newspaper=The Indian Express }}</ref> | |||
Another video, dated 11 February 2016, which showed a speech by Kanhaiya Kumar in which he allegedly made anti-national remarks, was found to have been doctored.<ref name="Chavda">{{cite journal|last1=Chavda|first1=Hetal|title=Autonomy Is As Autonomy Does- Law of Sedition in India|journal=Imperial Journal of Interdisciplinary Research|date=2016 |volume=2 |issue=5}}</ref> ''India Today'' stated that in the original video, Kumar was asking for the end of social evils such as caste and communalism, and was not raising any anti-national slogans.<ref>{{cite news |url = http://indiatoday.intoday.in/story/forensic-experts-say-kanhaiya-video-was-doctored/1/600808.html |title=Forensic experts say Kanhaiya video was doctored | |||
|newspaper = India Today |date = 19 February 2016}}</ref><ref>{{cite news |url=http://indiatoday.intoday.in/story/panelists-debate-whether-kanhaiya-sedition-video-doctored-or-not/1/599933.html |title=JNU row: Did a fake video fuel the anti-national fire? |newspaper=India Today |date=18 February 2016}}</ref> | |||
On 14 February 2016, ] ] alleged that the JNU incident has the support of the ] chief ].<ref>{{cite news |title = Understand the reality... Lashkar chief Hafiz Saeed backed JNU incident: Home Minister Rajnath Singh |url = http://indianexpress.com/article/india/india-news-india/rajnath-singh-hafiz-saeed-let-jnu-protests-had-support-of-let-chief-hafiz-saeed-rajnath-singh/ |newspaper = The Indian Express |date = 2016-02-15}}</ref> Reports in the media later suggested that this claim had been based on posts by a Twitter account that supposedly belonged to Hafiz Saeed, but turned out to be a fake or parody account.<ref>{{cite news |title = JNU row: Behind govt claim, a fake 'Hafeez' Saeed tweet |url = http://indianexpress.com/article/india/india-news-india/jnu-row-behind-govt-claim-a-fake-hafiz-saeed-tweet/ |newspaper = The Indian Express |date = 15 February 2016}}</ref> | |||
==Related events== | |||
During the controversy at JNU, a parallel event commemorating Afzal Guru was organized by the Committee for Release of Political Prisoners at the ].<ref name="Recording"/> The event was moderated by S. A. R. Geelani, a professor at Delhi University, who had been accused but acquitted in the 2001 Parliament bombing case. Several students spoke at the event, discussing the hangings of Guru and Maqbool Bhat, and also narrating personal experiences.<ref name="Recording"/> After the event, students raised slogans in favour of Kashmiri independence.<ref name="Recording"/> A few days later, Geelani was arrested and charged with sedition by the Delhi police, and fellow professor Ali Javed, also named as an organizer of the event, was questioned.<ref name="Second Sedition">{{cite news|title=Afzal Guru events: JNU boils over, SAR Geelani booked for sedition|url=http://www.hindustantimes.com/india/second-sedition-case-filed-over-jnu-protest-sar-geelani-named/story-X0aX7gYdwajinKBzXgkzqO.html|access-date=26 September 2016|date=13 February 2016}}</ref> Geelani was granted bail on 19 March.<ref>{{cite news|title=SAR Geelani gets bail in a sedition case, told not to leave Delhi|url=http://www.hindustantimes.com/india/sedition-case-ex-du-professor-sar-geelani-granted-bail-by-delhi-court/story-ItkMfZAocx8Mbb5fSvDwTP.html|access-date=26 September 2016|date=20 March 2016}}</ref> | |||
A complaint was filed by lawyer Sunkari Janardhan Goud against "Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal Communist Party of India (Marxist) General Secretary Sitaram Yechury Congress leaders Anand Sharma and Ajay Maken, Communist Party of India leader D. Raja, and Janata Dal (United) spokesperson KC Tyagi."<ref name="tribuneindia28feb2016">{{cite news|url=http://www.tribuneindia.com/news/nation/jnu-row-rahul-gandhi-kejriwal-yechury-among-9-booked-for-sedition/202370.html|title=JNU row: Rahul Gandhi, Kejriwal, Yechury among 9 booked for sedition|work=The Tribune|date=28 February 2016|access-date=26 September 2016}}</ref> According to Goud, "Gandhi and other leaders visited Jawaharlal Nehru University despite knowing that Kumar had been charged with sedition and supported protesting JNU students."<ref name="tribuneindia28feb2016" /> | |||
The branding of JNU students and academics as 'anti-national' continued in March 2016. The ] cancelled the visit of former JNU professor M. N. Panini, invited to speak at the ] birth anniversary, alleging that he was a mentor of Kanhaiya Kumar and other student activists. The Vice-Chancellor said that he was flooded with "emails, SMS-es and calls" demanding the cancellation as well as objections raised by the State Governor ]. The Vice-Chancellor also suspended the Jharkhand Dean who invited Panini to the event, stating that the invitation did not have his permission.<ref>{{Dead link|date=October 2024 |bot=InternetArchiveBot |fix-attempted=yes }}, India Today, 30 March 2016.</ref><ref>, The Quint, 30 March 2016.</ref> | |||
In the elections for the students' unions of the JNU as well as Delhi University in September 2016, the right-wing student union ABVP finished with the worst-ever performance. A leftist student alliance won all the positions.<ref name=Saffronisation>{{cite web|url=http://thewire.in/65527/jnu-students-union/|title=No More Saffronisation: Strong Anti-Sangh Parivar Opposition Emerges in JNU, DU Polls|work=The Wire|date=13 September 2016}}</ref> Commentators attributed this result partly to a reaction against the attempt to portray JNU students as "anti-national" during the 2016 protests,<ref name=Saffronisation/> which was seen as being part of an attempt by the government of Narendra Modi to impose its Hindu-nationalist ideology on the university.<ref name=Saffronisation/><ref>{{cite web|url=http://www.frontline.in/cover-story/in-defence-of-jnu/article8298534.ece |title=In defence of JNU | Frontline |publisher=Frontline.in |date=2016-03-13 |access-date=2016-09-25}}</ref> | |||
==See also== | |||
* ] | |||
* ] — student unrest | |||
* ] | |||
==Notes== | ==Notes== | ||
{{notelist}} | |||
{{reflist|group=note|2}} | |||
==References== | ==References== | ||
{{reflist |
{{reflist}} | ||
==External links== | |||
* , Hindustan Times, 17 February 2016. | |||
{{Jawaharlal Nehru University}} | |||
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Latest revision as of 09:41, 3 October 2024
2016 protest event in Delhi, IndiaOn 9 February 2016, some students of Jawaharlal Nehru University (JNU) held a protest on their campus against the capital punishment meted out to the 2001 Indian Parliament attack convict Afzal Guru, and Kashmiri separatist Maqbool Bhat. The organisers of the event were former members of the Democratic Students' Union (DSU). The event was held despite the university administrations withdrawing permission for the event shortly before it was due to begin, due to protests by members of the student union of ABVP. The event saw clashes between various student groups. A video was circulated by an Indian news channel, Zee News, in which a small group of individuals, whom a later university-investigation described as outsiders to the university wearing masks, shouted "anti-India" slogans.
Four days after the event, the then-President of the JNU Students' Union, Kanhaiya Kumar, was arrested by the Delhi Police and charged with sedition. Two other students were arrested soon afterwards, including Umar Khalid. Thousands of students, faculty, and staff protested the arrest at JNU, and classes at the university were stopped for several days. The arrest was also criticized by a number of prominent scholars internationally. Protests against the arrests were held in the University of Delhi, Jadavpur University, Osmania University, Aligarh Muslim University, Panjab University, and the University of Kerala.
Investigations into the incident were carried out by the Delhi government and the university administration. Both found that the controversial slogans had been shouted by outsiders at the university. The arrested students were all granted bail, with the judge noting in one case that there was some evidence of the accused shouting slogans. However, the university inquiry found many students to have violated university rules and enacted sanctions, varying from fines to rustication, on 21 students. In response, twenty-five students went on an indefinite hunger strike. The Delhi High Court suspended the enactment of the university sanctions till their appeals were decided by an appellate authority within six weeks of hearing the students on the condition that they end their strike.
Background and prelude
Jawaharlal Nehru University (JNU) is one of India's highest ranked universities, known as one of the country's best graduate schools in the social sciences. The student union of the university has close ties to India's Communist parties; the university itself has mobilized around several political issues. The administration of the university is answerable to the Union government;
In February 2016, 10 students of the university organised an event protesting the executions of Afzal Guru and Maqbool Bhat, and in support of "the struggle of Kashmiri people for their democratic right to self-determination". The event was planned to be held on 9 February. Afzal Guru was a Kashmiri separatist convicted of participating in the 2001 Parliament attack: his execution in 2013 had drawn criticism for being carried out in secret. Maqbool Bhat, also a Kashmiri separatist, was the co-founder of the Jammu Kashmir Liberation Front, and had been hanged in 1984. The students organizing the event were all former members of the Democratic Students' Union (DSU).
Posters advertising the event had invited people to attend a protest march against the "judicial killing of Afzal Guru and Maqbool Bhatt." The posters also mentioned an exhibition of art and photographs about the history of the occupation of Kashmir, and the struggles of its inhabitants. Members of the Hindu nationalist student union, the Akhil Bharatiya Vidyarthi Parishad (ABVP) protested the event, and wrote a letter to the vice chancellor of the university, asking him to prevent it. The university administration withdrew permission for the event a few hours before it was to be held. The registrar of the university said that the request for permission that had been filed for the event had not mentioned Afzal Guru, and that it had therefore been incomplete. After filing a complaint with the JNU administration, the ABVP leader, Saurabh Kumar Sharma, invited two television channels to cover the event.
At a similar event held the previous year, permission had also been withdrawn shortly before the event; according to the organizers, this was because S. A. R. Geelani, a Kashmiri lecturer at the Delhi University, had been scheduled to speak. Geelani had been accused of involvement in the 2001 attack on the Indian parliament, but had been acquitted due to lack of evidence. The organizers nonetheless held the event. Several students tried to prevent Geelani from attending: stones were thrown at his car, and Geelani himself was manhandled. He was able to attend the event due to JNU students forming a human chain to protect him. Geelani and the organizers stated that the disruptive students were members of the ABVP, which was denied by the ABVP.
First rally
The students held the event despite the withdrawal of permission, citing their freedom of speech. Rather than holding a protest as initially planned, the event involved a cultural programme and an art and photo exhibition. The event was organized near the "Sabarmati Dhaba" on the JNU campus. Towards the end of the event, various student groups clashed, and police forces needed to be called in to restore order. The ABVP issued a call for a protest outside the venue of the event, terming it "anti-national." In response to the ABVP's call, members of other student groups, including the All India Students Association(AISA), the All India Students Federation (AISF), and the Students' Federation of India (SFI), arrived to support the event.
During the "fracas" that ensued, a small group of people raised slogans that were generally described as "anti-India" slogans. They included phrases like "Kashmir ki azadi tak jung chalegi, Bharat ki barbadi tak jung chalegi" ("War will continue till Kashmir's freedom, war will continue till India's demolition"). There was controversy over the identity of the sloganeers. Although initial media reports blamed the organizers and the students of JNU for the slogans, an investigation by the university later stated that the provocative slogans were raised by outsiders. At the end of the event, JNU Student Union president Kanhaiya Kumar gave a speech, in which he stated that he supported freedom of speech, but condemned "any act of violence, terrorism, any terrorist act, or any anti-national activity."
Immediate reactions and arrests
Students union responses
The organizers of the event distanced themselves from the slogans. Kanhaiya Kumar, the president of the Jawaharlal Nehru University Students' Union (JNUSU), said: "We are appalled at the way the entire incident is being used to malign JNU students. At the outset, we want to condemn the undemocratic slogans that were raised by some people on that day. It is important to note that the slogans were not raised by members of Left organisations or JNU students." JNUSU vice-president Shehla Rashid Shora condemned the slogans, saying; "We condemn the undemocratic slogans that were raised by some people on that day. When the sloganeering had been taking place, it was the Left-progressive organisations and students, including JNUSU office-bearers, who asked the organisers to stop the slogans, which were regressive."
ABVP protests and inquiry
On 10 February, the Members of the JNU branch of the ABVP, protested at the university, demanding the expulsion of the students who had organized the previous day's event. A day later the ABVP filed an official complaint with the JNU administration, the Ministry of Human Resource Development, and the Delhi Police. The complaint referred to various leftist groups as "terrorists." Union Home Minister Rajnath Singh suggested that the event had been supported by the terrorist group Lashkar-e-Taiba, and tweeted "If anyone shouts anti India slogan & challenges nation's sovereignty & integrity while living in India, they will not be tolerated or spared." He was reported to have reacted following an alert by the Party's Member of Parliament Maheish Girri. The administration of JNU stated that the event had been an act of indiscipline since permission for it had been withdrawn, and announced that it would hold a formal inquiry. The administration said that any talk about country's disintegration cannot be "national".
Arrests and criticism
Four days after the initial event, the Delhi Police arrested JNUSU president Kanhaiya Kumar on charges of sedition and criminal conspiracy, under section 124 of the Indian Penal Code dating back to 1860. Five other students, Umar Khalid, Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, went into hiding after the arrest of Kanhaiya Kumar, and returned 10 days later. Umar Khalid and Anirban Bhattacharya surrendered to the police and were taken into custody. The other three students did not surrender but said that they were open to questioning by police when needed.
The arrest and the use of the sedition law were heavily criticized as being a suppression of political dissent. The law that Kumar was arrested under had been enacted in 1870, and used by the British colonial government to suppress the Indian independence movement; it was upheld only rarely in Indian courts. University teachers criticised the arrest as being an "excessive police action". JNU students formed a human chain, demanding that sedition charges against Kanhaiya Kumar be dropped. Human rights organisation Amnesty International India said Kumar's arrest and the charges against him were "uncalled for" and "India's sedition law contrary to international standards on freedom of expression must be repealed."
Responses
Student protests
Following the arrest of Kanhaiya Kumar, massive protests broke out among students, staff and faculty at JNU. Thousands of individuals attended the demonstrations. On 14 February 2016, students of the university issued a "shutdown call", and stated that they would not allow further classes to take place until Kumar was released. The rallies were addressed by politicians such as Rahul Gandhi, Sitaram Yechury, and Anand Sharma. Although the protests were largely peaceful, Sharma was assaulted by an unidentified individual, alleged to be a member of the ABVP. In addition to protesting the arrest, the rallies chose to highlight "the unfair treatment of minorities and Muslims in the country". JNUSU Vice-president Shehla Rashid Shora was among the leaders of these protests.
Protests against the arrests in were held in the University of Delhi, Jadavpur University, Osmania University, Aligarh Muslim University, Panjab University, and University of Kerala.
Response from Political Parties
Several political parties criticized the actions of the government, on the grounds that it was "an attempt by the BJP to push its Hindu nationalist agenda." Indian National Congress vice-president Rahul Gandhi said "It seems only the Bharatiya Janata Party and the Rashtriya Swayamsevak Sangh have the licence to say who is a traitor and who is a patriot". Gandhi visited the JNU campus in solidarity with the protesting students. The general secretary of the Communist Party of India (Marxist), Sitaram Yechury, tweeted "There can be no bigger farce than (Nathuram) Godse-worshippers putting out certificates on nationalism." Along with the Communist Party of India secretary D. Raja and Janata Dal (United) representative K. C. Tyagi and Sitaram Yechury asked Delhi chief minister Arvind Kejriwal to order a probe into the actions of the police. Following the meeting, the Aam Aadmi Party government ordered a magisterial probe. Several political figures attended public meetings held by students at JNU.
Ministers in the BJP government were supportive of the actions of the police. Rajnath Singh said, "Be it JNU or any other institution, anti-India slogans can never be tolerated." The Human Resource Development Minister Smriti Irani stated that the country (could) never tolerate any insult to Mother India. Minister of State Kiren Rijiju said that "Be it JNU or any other institution, anti-India slogans can never be tolerated."
Community response
Forty senior journalists from around the country, alumni of JNU, condemned the arrests stating that every university should protect dissenting members however unpalatable they may be to the mainstream opinion. They chastised the "government in power" for using the incidents as a ruse to attack a higher education institution and regarded it as a part of the attacks on dissent and freethinking. A group of professors from the Indian Institute of Technology, Bombay said that the state cannot dictate the many meanings of what it means to be "Indian" or mandate the meaning of "nationalism."
Lyricist and film director Gulzar said that he felt he and his country to be safe when he saw youngsters raising their voices in dissent. The BBC and several other commentators called the whole protest movement an "Indian spring" of 2016. Journalist Prem Shankar Jha described the arrests as an "abuse of the law," and stated that they constituted a "re-emergence of a totalitarian threat."
In contrast, an article published by Mohandas Pai argued that university students needed to focus on their academic studies rather than politics. The article garnered substantial support online, although a number of people also disputed the article, making the argument that education involved more than just academic learning.
International response
More than 500 academics from around the world, including JNU alumni, released a statement in support of the protesting students, stating that the JNU stands for a vital imagination of the space of a university that "embraces critical thinking, democratic dissent, student activism, and the plurality of political beliefs."
In a separate statement, over 130 well-known scholars, including Noam Chomsky, Orhan Pamuk, Akeel Bilgrami and Sheldon Pollock called it a "shameful act of the Indian government" to invoke sedition laws formulated during colonial times to silence criticism. They also criticized "the culture of authoritarian menace that the present government in India has generated." Students from UC Berkeley, Yale University and University of London showed their solidarity with the protesting students, by narrating Kanhaiya Kumar's "seditious" speech in English, and uploading their videos online.
Legal and administrative proceedings
The day after the initial rally, the university administration ordered a "disciplinary inquiry into the incident." On 12 February, four days after the initial event, Kanhaiya Kumar was arrested and charged with sedition and criminal conspiracy, under section 124 of the Indian Penal Code. Kumar was placed in judicial custody for a period of three days.
Based on the initial investigation report, Kanhaiya Kumar and seven other students were academically debarred. Kanhaiya Kumar was granted six-month interim bail by the Delhi High Court on 2 March 2016. On 11 March, the involved students were allowed to attend their classes again.
Patiala House court incidents
Kanhaiya Kumar's hearing was scheduled to take place on 15 February, in the Patiala House court. A group of 40 lawyers began shouting slogans against JNU prior to the hearing. The journalists covering the case were assaulted by the lawyers outside the Patiala House court. Students and teachers of JNU who had come to attend the hearing were also beaten by a group of men in lawyer robes, who tried to push them out of the courthouse. Two members of the media were injured in the scuffle. The lawyers also verbally abused the students, referring to them as terrorists. The incident led to a protest by the journalists against the violence that took place. BJP MLA
O. P. Sharma was among those seen beating a man outside the court: Sharma later stated that he had been attacked first. The incident occurred while policemen were present, but they took no action. On the same day, a First Information Report was filed with respect to the violence at the court. The Bar Council of India criticized the attack and said that it would hold in inquiry. The Delhi Court extended Kanhaiya Kumar's judicial custody by two days. Also on 15 February, a petition was filed in the Delhi High Court, seeking a National Investigation Agency probe in the "sedition" case: the petition was dismissed the next day. On 17 February, a second hearing was held in the Patiala House court: this too was disrupted by men wearing lawyer robes. Following this scuffle, Kanhaiya Kumar's judicial custody was extended until 2 March.
Supreme Court rulings
On 16 February 2016, the Supreme Court of India agreed to hear a plea seeking "free and fair access to justice" to Kanhaiya Kumar, following the acts of violence against journalists, JNU students and lecturers. Two days later on 18 February, Kumar filed a petition in the Supreme Court seeking bail. On the same day, a six-member panel that had been investigating the Patiala House court violence submitted its report to the Supreme Court. The Supreme Court-appointed panel stated that the policemen present at the Court were responsible for the security lapses, and further stating that police allowed 2 persons to enter the court room, and continued to let the assault take place, in direct violation of the SC direction on Kanhaiya's safety. The Supreme Court transferred Kumar's bail plea to the Delhi High Court to ensure his safety. On 22 February 2016, news outlet India Today broadcast a video in which three lawyers of the Patiala House court claimed that they beat Kanhaiya Kumar while he was in police custody.
Other arrests and bail
Kanhaiya Kumar was granted six months of interim bail by the Delhi High Court on 2 March 2016. Justice Pratibha Rani noted that there were no recordings of Kumar participating in anti-national slogans. Going beyond the immediate issue, the judge also held that the alleged slogans threatened national integrity, and could not be protected as free speech. She characterized them as a form of "infection," which could sometimes be treated, but occasionally needed to be amputated.
Five other students, Umar Khalid, Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, had gone hiding after Kumar's arrest on 12 February and returned 10 days later. Umar Khalid and Anirban Bhattacharya surrendered to the police on 23 February and were taken into custody. The other three students did not surrender but said that they were open to questioning by police when needed. Khalid and Bhattacharya were held in Tihar Jail, and released on bail on 17 March. In releasing them, the judge cited the bail previously granted to Kanhaiya Kumar, as well as the fact that both students were educated individuals, with the two being ordered not to leave the city. Umar Khalid stood accused of being one of the main organizers of the event commemorating Afzal Guru.
Investigation results
A separate magisterial investigation ordered by the Delhi Government did not find any evidence of Kanhaiya Kumar participating in anti-national sloganeering. New Delhi district magistrate Sanjay Kumar stated that doubts had been raised as to whether Pakistan Zindabad slogans had been chanted at the 9 February protest, and questions were raised about whether it had been outsiders from JNU who had shouted anti-Indian slogans. The report was not definitive about the role of Khalid in the protest, with District Magistrate Kumar saying that Khalid's role needed "to be further investigated." Following the submission of the report, Kumar was released on bail, but Khalid remained in custody. Regarding the controversy of fabricated videos, District Magistrate Kumar's probe reviewed seven videos sent for verification, and three were found to have been doctored by having been edited and voices added.
The inquiry committee appointed by the administration of JNU initially asked 21 students to explain their contravention of university rules. Based on the inquiry, the committee meted out varying punishments to a number of students. Kanhaiya Kumar was fined 10,000 rupees, which Umar Khalid and Anirban Bhattacharya were rusticated from the university. A number of other students received fines, rustications, bans from campus, or withdrawals of hostel facilities. The committee found that the provocative slogans at the 9 February event were raised by a group of outsiders, wearing masks. The panel criticized the campus security force for failing to prevent the sloganeering and failing to stop the outsiders from leaving the campus. It also criticized the organizers of the first event for not "acting with due responsibility." The panel stated, "This act by outsiders has brought disrepute to the entire JNU community."
Aftermath
On 3 March 2016, Kanhaiya Kumar gave a speech to a packed auditorium on the JNU campus, in which he said he was seeking, not freedom from India, but freedom within India. He appealed to his fellow students to free the nation from the clutches of the Rashtriya Swayamsevak Sangh, which he said was trying to divide the nation. Referring to the ABVP, whose members were instrumental in bringing about his arrest, he called them his "opposition", not his enemy. He urged his supporters to keep raising the slogans of azadi (freedom).
Following the ruling of the university-appointed committee, the students of JNU who had been punished stated that they would not accept their punishment, and would not vacate their hostels as the university had ordered. On 28 May, 25 students launched an indefinite hunger strike, demanding that their punishment be overturned. Various students withdrew from the strike as it progressed, due to deteriorating health. On 10 May, Khalid and Bhattacharya filed a petition in the Delhi High Court against their sentences. On 12 May, a number of other students, including Kanhaiya Kumar, challenged their punishment in the High Court. The same day, the High Court stayed the punishment meted out to the students until 19 September, on the condition that the students suspend their hunger strike (which had run for 16 days up to that point), and allow the university to function normally.
On 23 August, the appellate authority of JNU, which heard the students' appeal against their sanctions, upheld the ruling of the investigative committee, although a few of the fines were reduced. The students were given a two-week deadline to comply with the order. On 5 September, the Delhi High Court put the order on hold, and postponed a hearing on the matter. In between these two events, Kumar, Khalid, and Bhattacharya were also given regular bail in place of the interim bail they had previously been granted in the sedition case. A few days later, the Delhi High court further postponed the enactment of the university order to 19 October, and in the interim asked for the university's response to the students' petition.
Debate on fabrication of evidence
Zee News reported that some of the students from the Democratic Students' Union (DSU) raised slogans such as "Bharat Ki Barbadi" ("Destruction of India") and "Pakistan Zindabad" ("Long live Pakistan").
The Aam Aadmi Party filed a complaint, alleging that ABVP students had raised "Pakistan Zindabad" slogans. The ABVP admitted that members of their organisation had been present, but shouted "Bharatiya Court Zindabad" and "Indian Army Zindabad," and filed a counter-complaint. The police then declared that "the footage had been tampered with."
Another video, dated 11 February 2016, which showed a speech by Kanhaiya Kumar in which he allegedly made anti-national remarks, was found to have been doctored. India Today stated that in the original video, Kumar was asking for the end of social evils such as caste and communalism, and was not raising any anti-national slogans.
On 14 February 2016, Union Home Minister Rajnath Singh alleged that the JNU incident has the support of the Lashkar-e-Taiba chief Hafiz Saeed. Reports in the media later suggested that this claim had been based on posts by a Twitter account that supposedly belonged to Hafiz Saeed, but turned out to be a fake or parody account.
Related events
During the controversy at JNU, a parallel event commemorating Afzal Guru was organized by the Committee for Release of Political Prisoners at the Press Club of India. The event was moderated by S. A. R. Geelani, a professor at Delhi University, who had been accused but acquitted in the 2001 Parliament bombing case. Several students spoke at the event, discussing the hangings of Guru and Maqbool Bhat, and also narrating personal experiences. After the event, students raised slogans in favour of Kashmiri independence. A few days later, Geelani was arrested and charged with sedition by the Delhi police, and fellow professor Ali Javed, also named as an organizer of the event, was questioned. Geelani was granted bail on 19 March.
A complaint was filed by lawyer Sunkari Janardhan Goud against "Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal Communist Party of India (Marxist) General Secretary Sitaram Yechury Congress leaders Anand Sharma and Ajay Maken, Communist Party of India leader D. Raja, and Janata Dal (United) spokesperson KC Tyagi." According to Goud, "Gandhi and other leaders visited Jawaharlal Nehru University despite knowing that Kumar had been charged with sedition and supported protesting JNU students."
The branding of JNU students and academics as 'anti-national' continued in March 2016. The Central University of Jharkhand cancelled the visit of former JNU professor M. N. Panini, invited to speak at the Vallabhbhai Patel birth anniversary, alleging that he was a mentor of Kanhaiya Kumar and other student activists. The Vice-Chancellor said that he was flooded with "emails, SMS-es and calls" demanding the cancellation as well as objections raised by the State Governor Draupadi Murmu. The Vice-Chancellor also suspended the Jharkhand Dean who invited Panini to the event, stating that the invitation did not have his permission.
In the elections for the students' unions of the JNU as well as Delhi University in September 2016, the right-wing student union ABVP finished with the worst-ever performance. A leftist student alliance won all the positions. Commentators attributed this result partly to a reaction against the attempt to portray JNU students as "anti-national" during the 2016 protests, which was seen as being part of an attempt by the government of Narendra Modi to impose its Hindu-nationalist ideology on the university.
See also
- Anti-Pollock petition
- May 1968 events in France — student unrest
- 2020 JNU Attack
Notes
- These slogans are often chanted by Pakistani jihadist group Lashkar-e-Taiba. Home minister Rajnath Singh linked the JNU protests to Lashkar-e-Taiba.
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- "JNU row: Did a fake video fuel the anti-national fire?". India Today. 18 February 2016.
- "Understand the reality... Lashkar chief Hafiz Saeed backed JNU incident: Home Minister Rajnath Singh". The Indian Express. 15 February 2016.
- "JNU row: Behind govt claim, a fake 'Hafeez' Saeed tweet". The Indian Express. 15 February 2016.
- "Afzal Guru events: JNU boils over, SAR Geelani booked for sedition". 13 February 2016. Retrieved 26 September 2016.
- "SAR Geelani gets bail in a sedition case, told not to leave Delhi". 20 March 2016. Retrieved 26 September 2016.
- ^ "JNU row: Rahul Gandhi, Kejriwal, Yechury among 9 booked for sedition". The Tribune. 28 February 2016. Retrieved 26 September 2016.
- Jharkhand University professor suspended for inviting JNU teacher to event, India Today, 30 March 2016.
- Jharkhand Univ Prof Invites JNU Teacher to Event, Gets Suspended, The Quint, 30 March 2016.
- ^ "No More Saffronisation: Strong Anti-Sangh Parivar Opposition Emerges in JNU, DU Polls". The Wire. 13 September 2016.
- "In defence of JNU | Frontline". Frontline.in. 13 March 2016. Retrieved 25 September 2016.
External links
- Text of Kanhaiya Kumar's speech at JNU, Hindustan Times, 17 February 2016.
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