CJI Surya Kant declines Nalsar convocation invite amid student, BCI row

Chief Justice of India Surya Kant has declined an invitation to be chief guest at the upcoming convocation of Nalsar University of Law, amid a controversy over opposition from a section of students that later drew the intervention of the Bar Council of India (BCI).

Speaking to The Times of India after addressing vice-chancellors of national law universities in Jodhpur, CJI Kant said he "never consented to Nalsar's invitation" to attend the convocation.

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"The question of me attending the convocation does not arise," he said.

Nalsar had confirmed four days earlier that it had invited Kant to be chief guest at the ceremony, which is expected to be held in late August or September, in keeping with the university's tradition.

The invitation became contentious after more than 400 of the university's roughly 1,400 students opposed Kant's presence, citing his remarks during a hearing on petitions concerning the July 20 student march to Parliament and alleged police excesses during the protest.

A bench headed by Kant is hearing several petitions seeking an independent inquiry into the alleged police action against protesters, including allegations involving the use of pellet guns and facial-recognition technology to profile students in violation of their right to privacy.

The bench has also taken up a petition by relatives of injured police personnel seeking strict action against what they described as "criminal elements" who infiltrated the student agitation, allegedly causing widespread violence and damage to public property while abusing the prime minister and other constitutional functionaries.

Also Read: NALSAR students object to CJI Surya Kant as convocation chief guest

The students' opposition to Kant's presence appears to stem in part from an incident on July 22, when an advocate sought suo motu cognisance of alleged police excesses against protesters without filing a formal petition. He told the court he had video footage of the alleged incidents.

Kant-led bench declined to take up the matter suo motu and asked the advocate to file a proper petition setting out his allegations. When the advocate continued to press the court to view the videos without producing any document, Kant, citing the heavy caseload before the bench, asked him not to waste judicial time and suggested that he follow the proper legal procedure.

Petitions raising similar concerns were subsequently filed and entertained by the bench. The court directed police not to take coercive action against students and ordered the preservation of video and CCTV footage related to the incident. It also sought suggestions on an independent inquiry and on setting up a commission to frame pan-India guidelines for graded police action during protests that turn violent.

The controversy escalated when BCI chairperson Manan Kumar Mishra wrote to the Nalsar vice-chancellor seeking an inquiry into students who had opposed Kant's invitation and their identification, while threatening that they could be debarred from registration as advocates.

The BCI subsequently withdrew the letter following widespread criticism and expressed regret.

The Supreme Court has sought the BCI's response, while observing that the regulator had no business intervening in an issue concerning the CJI and Nalsar students.