Court Holds Smiling or Cheering During Protest Not Indiscipline, Emphasizes Fundamental Rights of Students to Express Support or Dissent
In a significant judgment delivered on September 10, 2026, the Delhi High Court, presided over by Mr. Jasmeet Singh, J., has granted an interim stay on the imposition of fines on eight students of Jawaharlal Nehru University (JNU) who were penalized for alleged acts of indiscipline during a protest held on November 21, 2025. The students challenged the show cause notices, office orders, and appellate orders levying fines of Rs. 19,000 each for purported involvement in vandalism and disruption.
The court examined the allegations which included "aggressively shaking camera stands" and "cheering students involved in vandalizing the FRT system." However, the petitioners contended that their conduct was limited to smiling at the protestors and cheering, which does not amount to indiscipline or any actionable misconduct.
Rejecting the university's characterization of the students' behavior as punishable indiscipline, the court underscored that mere smiling or cheering during a demonstration falls within the ambit of the fundamental right of students to express dissent or support peacefully. The judgment emphasized that such expressive acts are a "valuable right" and cannot be unjustly curtailed under the guise of maintaining discipline.
The court noted that while the university can investigate and take appropriate actions if the students had engaged in actual vandalism or aggressive conduct, the evidence as presented prima facie did not support the imposition of fines for the acts alleged. Further, the court highlighted the importance of protecting the constitutional rights of students, remarking that penalizing them for such peaceful expression would "strike a blow at the fundamental rights of the petitioners."
Balancing the interests, the court found the petitioners had made out a prima facie case, and the balance of convenience favored granting interim relief. It held that allowing the fines to be enforced at this stage would cause irreparable injury to the students' fundamental rights. Accordingly, the court stayed the enforcement of the fine pending further proceedings and listed the matter for hearing on January 12, 2027.
This ruling reinforces the principle that universities must respect students' constitutional rights to freedom of expression and dissent, especially in the context of peaceful demonstrations. It serves as a reminder that disciplinary actions by educational institutions must be reasonable, proportionate, and must not infringe upon fundamental rights.
Bottom Line:
Imposition of fine on students for alleged indiscipline - Mere smiling or cheering during a demonstration does not constitute indiscipline - Right to express dissent or support a demonstration is a valuable right of students and cannot be curtailed unjustly.
Statutory provision(s):
Article 226, Constitution of India, 1950
Mr. C Arjun v. Jawaharlal Nehru University, (Delhi) : Law Finder Doc Id # 2981931
