CJI Surya Kant declines Nalsar convocation invite

Chief Justice of India Surya Kant has turned down an invitation to serve as the chief guest at Nalsar University of Law's upcoming graduation ceremony. This decision came after a dispute arose over opposition from a substantial number of students, leading to the involvement of the Bar Council of India (BCI). While speaking to The Times of India after a meeting with vice-chancellors of national law schools in Jodhpur, CJI Kant affirmed that he never agreed to attend the convocation.

Kant clarified that the matter did not arise for him to accept the university's invitation. The invitation to Kant had been confirmed by Nalsar just four days prior, aligning with the institution's customary practice for such events. However, the decision to decline the invitation sparked controversy when over 400 students at the university, out of a total of around 1,400, opposed Kant's participation.

Their objections were primarily based on his remarks during a hearing on petitions related to the July 20 student march to Parliament and the alleged police misconduct during the protest. A bench presided over by CJI Kant is currently examining several legal challenges, including a petition requesting an impartial investigation into the alleged police excesses during the protest, such as the use of tear gas and facial recognition technology to monitor students without their consent.

Additionally, the bench is addressing a complaint by the relatives of injured police officers demanding severe punishment for those who allegedly took part in the violent demonstration. The students' objections to Kant's presence appear to be partly motivated by an incident on July 22, in which an advocate attempted to raise an issue of police misconduct without filing a formal complaint.

The advocate claimed to have video evidence of the alleged incidents. Kant's judicial panel did not take up the matter immediately and requested the advocate to file a proper petition outlining his allegations. The advocate persisted in demanding that the court view the videos without providing any documentation. In response, Kant, citing the bench's heavy workload, instructed the advocate not to waste judicial time and advised him to follow the appropriate legal procedure.

Subsequent petitions with similar concerns were filed and accepted by the bench. The court ordered the police to refrain from using coercive tactics against students and directed the preservation of video and CCTV footage from the incident. The bench also sought input on forming an independent inquiry and guidelines for graded police response during violent protests.

The controversy intensified when Bar Council of India chairperson Manan Kumar Mishra wrote to Nalsar's vice-chancellor calling for an inquiry into the students who opposed Kant's invitation, threatening potential disbarment for those involved. The BCI later withdrew the letter following significant backlash and expressed regret.

The Supreme Court has requested the BCI's reaction to the matter, noting that the regulator had no grounds to interfere in an issue concerning the CJI and Nalsar students.