Can Smiling at a Protest Be Indiscipline? Delhi High Court Says No, Stays JNU Fine

In a significant interim order, the Delhi High Court has stayed Jawaharlal Nehru University's (JNU) decision to impose a fine of ₹19,000 each on eight students for allegedly cheering and smiling at campus protesters. Justice Jasmeet Singh held that even if the allegations are taken at face value, smiling at demonstrators does not amount to indiscipline and constitutes a valuable fundamental right.

The Smile That Cost ₹19,000

The case stems from a protest on the JNU campus against the university's facial recognition technology system. According to the show-cause notice issued by the Office of the Chief Proctor on January 15, 2026 , the petitioners were accused of "aggressively shaking the camera and cheering for students protesting" and "encouraging and supporting the act of vandalism by clapping." The Proctorial Committee subsequently imposed a fine of ₹19,000 on each student on February 2, 2026 . The students challenged this action before the High Court under Article 226 of the Constitution .

Court: Smiling Does Not Amount to Indiscipline

The petitioners, represented by Advocate Abhik Chimni, argued that the evidence showed they merely smiled at the protesters and did not participate in any vandalism or disciplinary breach. Justice Jasmeet Singh agreed, observing: "I am of the view that even if the allegations contained in the show cause notice are presumed to be correct, the petitioners, at best, were only seen smiling at the protestors and the same to my mind does not constitute any infraction which can be categorized as indiscipline of any sort."

A Blow to Fundamental Rights

The Court went further, emphasizing that the right to express dissent or support for a demonstration is constitutionally protected. The judge noted: "I cannot lose sight of the fact that the petitioners are students in the respondent University and as a student, the right to express dissent/demonstrate and/or to express support by way of cheering for a demonstration, to my mind, constitutes a valuable right which cannot be allowed to be curbed or interdicted in any manner." The Court described the university's action as "striking a blow at the fundamental rights of the petitioners," which could not be allowed.

Interim Stay Granted

Finding a prima facie case in favor of the students, the court held that enforcing the fine would cause "grave injury to the valuable rights of the petitioners" and that the balance of convenience lay with them. Accordingly, the direction imposing the fine was stayed until the next hearing, scheduled for January 12, 2027 . The court also issued notice to JNU and granted four weeks for filing a reply.

Key Observations

1. "The students/petitioners cannot be allowed to be punished for an act of such a nature."
2. "The impugned act of the respondent University is in the nature of striking a blow at the fundamental rights of the petitioners and the same cannot be allowed."
3. "Allowing the same to operate at this juncture would result in grave injury to the valuable rights of the petitioners, thus, the balance of convenience also lies in favour of the petitioners."

The Delhi High Court’s interim order reaffirms that peaceful expression of solidarity, even through something as simple as a smile, is protected under the constitutional framework and cannot be penalized as indiscipline.