JUDGEMENT

%18.01.2024

1.The petitioner registered for the LLM course with the respondent South Asian University (SAU, also referred to as “the University”) on 25 October 2021.The course was due to be completed in May 2023.

2.On 26 November 2022, the Proctor of the University issued a Show Cause Notice to the petitioner, alleging that the petitioner had, on 23 November 2022, “1.Entered the office of Associate Dean of Students Dr. Navnit Jha withouthispermissionandpersistently demandedina threatening language complete revocation of the disciplinary action against certain students,

2.Entered a Mathematics class of Director (A&E) Prof. Pankaj Jain at about 10:30 AM without his permission and wanted to address the Mathematics students. When he requested you to meet him after the class, you shouted at him in these words, “Can I know your name?” When he informed you that it was the last week of the semester studies, you used such abusive words as “forget about your ****ing1 studies”.

3.Forcefully and without permission of the Acting Registrar entered his office when he was meeting officials of the University.

4.Attempted to force the Acting Registrar at the said other officials to do what they were not bound to do (such as to completely revoke disciplinary action against certain students and to offer their resignation) or omit from doing (such asdiscussion before considering necessary action as per the Rules, Regulations and Bye Laws) under the said SAU Rules, Regulations and Bye Laws.

4.MadeofficeofthesaidActingRegistrartotally dysfunctional/paralysed by forcefully and without his permission entering it and by attempting as aforesaid at paras. 3 and 4, respectively.

5.Made the said Acting Registrar captive for several hours to again force him to do what he was not bound to do, as aforesaid, or omit from doing, as aforesaid, thereby did not allow him to leave his office for home until the availability of assistance from the Host country2.” The petitioner was directed to explain, in writing, within a week of receipt of the said Show Cause Notice as to why disciplinary action be nottakenagainstheraspertheSAARCIntergovernmental Agreement,Rules,RegulationsandBye-Laws,includingthe Headquarters Agreement between the University and India.

1 The asterisks represent a well known four-letter expletive which, rather surprisingly, has been reproduced in

the Show Cause Notice. However, propriety demands that I refrain from doing so.

2 Section 2(k) of the South Asian University Act, 2008 defines India as the "host country".

3.The petitioner submitted her response to the above Show Cause Notice on 9 December 2022.All allegations in the Show Cause Notice were categorically denied.The reply asserted that, on 22 November 2022, Ammar Ahmed (“Ammar”), a first-year M.A. Sociology student in the University had had seizures and become unconscious, and had to be hospitalised.During hospitalisation, Ammar suffered a cardiac arrest. He was resuscitated and had to be intubated, in which condition he remained in the ICU at the Primus Hospital in New Delhi.The petitioner and other students of the University were distressed at the fact that no official of the University visited Ammar at the Hospital. They were also concerned about the cost of the treatment that Ammar would have to be provided. In the interregnum, Ammar was rusticated.With respect to the individual allegations against her, the petitioner denied that she, either herself or any other students, had ever sought to intimidate Dr. Jha or Prof. Pankaj Jain, and merely requested them to intervene in the matter of Ammar, as he was in the ICU. The allegation that she had, herself or with other students, held the Acting Registrar captive or compelled any of the school authorities to do any act which they ought not to have done, was also categorically denied. It was submitted that they had never paralysed the office of the Acting Registrar or made it dysfunctional. Though the petitioner acknowledged having visited t

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