Ashish Singh v. Jawaharlal Nehru University & ANR.

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4437/2025 and CM APPL.20442/2025 (Stay) ASHISH SINGH .....Petitioner Through:

Mr. Dibyanshu Pandey and Mr.

Radhe Shyam Sharma, Advs.

versus JAWAHARLAL NEHRU UNIVERSITY & ANR ......Respondents Through:

Mr. Vasanth Rajasekarn, Sr. SC, MR.

Harshvardhan Kodara, Adv. for JNU (through v/c)

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 07.04.2025

O R D E R

CM APPL.20443/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 4437/2025 3.

The petitioner is a post graduate student at the Jawaharlal Nehru University (respondent no.1). On 26.09.2024, a complaint came to be filed against the petitioner for sexual harassment before the Internal Committee of the Jawaharlal Nehru University (respondent no.2). Thereafter, inquiry proceedings into the said complaint were initiated which went on till 18.12.2024.

4.

Upon conclusion of the inquiry proceedings, a representation dated 19.12.2024 was sent by the petitioner seeking certain documents and audio recordings of statements made by the complainant, and the witnesses of the complainant during the course of the inquiry proceedings. Vide email The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

communication dated 24.12.2024, the petitioner was permitted to collect the aforesaid documents from the office of the respondent no.2. 5.

After collecting the aforesaid documents, the petitioner vide email communication / representation dated 16.01.2025 again sought for certain other statements, recordings and documentary evidence which did not form part of the documents collected by the petitioner. Vide communication dated 17.01.2025 sent by the respondent no.2, the petitioner was again permitted to collect the same from office of the respondent no.2. However, on 20.01.2025, another email communication / representation was sent by the petitioner seeking certain other documentary evidence. The same reads as under - "Dear Ma'am, I will be coming to collect the recordings of all the witnesses at 12 pm today. I would like to state that I require the copy of all the whatsapp screenshots and other evidences that have been submitted against me. I need them for an effective cross examination as in absence of the foresaid, the cross examination of the complainant and the witnesses cannot be meaningful and effective.

Regards Ashish Singh"

6.

Upon receiving no response thereto, another email communication / representation dated 27.01.2025 was sent by the petitioner to the respondent no.2 seeking the aforesaid documents.

7.

In response, an email communication dated 03.02.2025 was sent by the respondent no.2 refusing the request of the petitioner. The same reads as under - "Dear Ashish, On your request, legal opinion was sought from the advocate that can we The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

provide to the defendant, the copy of the evidences provided by the complainant, which she has advised, that we cannot provide the evidences.

Now it is directed to kindly submit the questions for cross examination latest by tomorrow evening. This is the last reminder. Office of IC"

8.

Thereafter, the petitioner also sent an email communication/ representation dated 11.02.2025 to the respondent no.2, seeking inspection of the case file in the ongoing enquiry against the petitioner. While no response was received thereto from the respondent no.2, an email communication dated 14.02.2025 was sent by the respondent no.2 stating as under - "Dear Mr. Ashish, This is a last reminder for the submission of questionnaire. If you do not submit your questionnaire by Monday it would be assumed that you do not have anything more to submit in this case. The IC will take final decision considering you do not have to say anything in the case. Kindly acknowledge.

Regards Presiding Officer, IC JNU"

9.

Subsequently, an email communication dated 25.02.2025 was sent by the respondent no.2 as a final reminder to the petitioner to submit the questionnaire, as sought for in the communication dated 14.02.2025, latest by 03.03.2025. The same reads as under - "Dear Mr. Ashish, This is with reference to the email dated 14.02.2025, regarding submission of questionnaire. You are again requested to submit the questionnaire latest by 3rd March, 2025 (5.00 PM) failing which it shall be presumed that you have nothing to say in this matter and this office will be free to take appropriate action.

Regards The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Presiding Officer, IC, JNU"

10.

The limited relief sought in the present petition is that the petitioner be provided with a copy of the documentary evidence and also the statement of the witnesses in the ongoing inquiry against the petitioner under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

11.

Learned counsel for the respondent nos.1 and 2, who appears on advance notice, submits, on instructions, that an opportunity to inspect the requisite documentary evidence/statements of witnesses, shall be afforded to the petitioner, and if required by the petitioner, copies of the same shall also be provided.

12.

The above redresses the grievance of the petitioner raised in the present petition. Accordingly, the present petition stands disposed of. Pending application also stands disposed of.

SACHIN DATTA, J APRIL 7, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.