Delhi High Court stays JNU fine on students, says smiling at protestors not indiscipline

The Delhi High Court on September 10, 2026, stayed the imposition of a Rs 19,000 fine on eight students of Jawaharlal Nehru University (JNU) who were penalized for allegedly smiling at and cheering protesters during a campus demonstration. Justice Jasmeet Singh ruled that such conduct cannot be treated as an act of indiscipline and that the right to express dissent or support a demonstration is a valuable right protected under the Constitution.

The Allegations

The students were issued a show cause notice on January 15, 2026, by the Office of the Chief Proctor. According to the notice, five of the petitioners were involved in “aggressively shaking the camera stands and cheering the students involved in vandalising the FRT system” during an incident on November 21, 2025. The remaining three were accused of “encouraging and supporting the act of vandalism by clapping and sloganeering.” The students responded denying the allegations, stating they were merely smiling at the protesters. Despite this, the Proctorial Committee imposed a fine of Rs 19,000 on each student on February 2, 2026, which was upheld in appeal on March 30, 2026.

Court's Reasoning

The court observed that even if the allegations were presumed to be correct, the students' actions were limited to smiling at the protestors. “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,” Justice Singh wrote.

The judge further emphasized that students have a right to express dissent, demonstrate, and show support by cheering for a demonstration, calling it a “valuable right” that cannot be curbed. “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 students/petitioners cannot be allowed to be punished for an act of such a nature,” the court noted.

Right to Dissent Upheld

Justice Singh described the university's action as “striking a blow at the fundamental rights of the petitioners” and held that it cannot be allowed. Finding a prima facie case in favor of the students and balancing the convenience, the court stayed the operation of the fine until the next hearing.

Interim Relief Granted

The court granted interim relief, observing that allowing the fine to operate at this stage would result in grave injury to the petitioners' valuable rights. The matter is now listed for January 12, 2027.

The ruling is significant as it affirms that peaceful expressions of support for protests, such as smiling or cheering, are protected under the fundamental right to freedom of speech and expression. It serves as a check on university authorities imposing disproportionate disciplinary actions against students for engaging in democratic activities.