A & ORS v. Jamia Milia Islamia University & ORS

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9458/2019 A & ORS ..... Petitioners Through:

Ms.

Tenzin Chodon, Advocate.

(M:8527789877) versus JAMIA MILIA ISLAMIA UNIVERSITY & ORS ..... Respondents Through:

Ms. Ashima Mandla, Mr. Tejas Chandru and Mr. Ibad Mushtaq, Advocates. (M:9811430201)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 27.01.2020 1.

The present petition has been filed seeking the following prayers: "a. For a writ of mandamus or any other appropriate writ, order or direction reconstituting by this Hon'ble Court's order the entire Internal Complaints Committee and the Enquiry Committee for the sexual harassment complaints of the petitioners ( at Annexures P-8) against Mr. Hafeez Ahmed.

b. For a writ of mandamus or any other appropriate writ, order or direction reconstituting by this Hon'ble Court's order the entire Fact finding Committee to include both elected student representative and external members and for the enquiry conducted to be court monitored and time bound.

c. For a writ of mandamus or any other appropriate writ, order or directing the Respondent put Mr. Hafeez Ahmed on leave during the pendency of enquiry of the ICC and Fact finding committee into

allegations against him to avoid further victimization and intimidation of the complainants.

d. Pass any other order deemed fit and proper in the circumstances of the present case."

2.

As is evident from the above, the main prayer was for reconstitution of the Internal Complaints Committee and the Enquiry Committee for sexual harassment complaints at Jamia Milia Islamia University. On the last date i.e, 20th November, 2019, ld. counsel for the Respondent entered appearance and submitted that the ICC, which was constituted in accordance with SAKSHAM guidelines of the UGC has already submitted its report, and a copy of the same has already been given to the Petitioners. 3.

Since the Petitioners now have an alternative remedy in respect of the ICC under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the present petition is disposed of as infructuous, leaving all the contentions of the parties open and permitting the Petitioners to avail of their legal remedies in accordance with law. Benefit of Section 14, Limitation Act if any, shall be given to the Petitioners due to the pendency of the petition. PRATHIBA M. SINGH, J.

JANUARY 27, 2020 dj