Pune: SPPU Students Challenge University Circular in Bombay High Court Over 8-Day Notice for Campus Protests

Reported by Varad Bhatkhande
Pune, 4th January 2025: A significant legal battle has begun in the Bombay High Court, as two students from Pune have filed a writ petition against Savitribai Phule Pune University (SPPU), challenging a recent circular that mandates eight days’ prior permission for conducting agitations, rallies, or peaceful protests on campus.

The petitioners, Avinash Atmaram Solunke, a student of ILS Law College, and Akshay Anilkumar Jain, contend that the circular, dated December 30, 2024, violates their fundamental rights to freedom of speech, expression, and peaceful assembly as guaranteed under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution. Jain is the General Secretary of Congress Youth Wing Maharashtra.

Circular No. 316/2024, issued by SPPU, requires students to seek written approval at least eight days in advance before organizing any protests, rallies, or demonstrations within the university campus. The university claims this measure is intended to maintain order and decorum on campus.

However, the petitioners argue that this requirement places unreasonable and disproportionate restrictions on their constitutional rights, effectively stifling students’ ability to respond promptly to pressing issues.

Key Arguments in the Petition
Violation of Fundamental Rights: The petitioners assert that the circular imposes undue restrictions on their rights to free speech and peaceful assembly. They emphasize that protests often arise from urgent issues, and an eight-day waiting period diminishes their ability to address these matters effectively.
Arbitrariness and Excessiveness: The petition claims the circular is arbitrary and excessive, serving no legitimate purpose in maintaining campus order. Instead, it could delay necessary actions and dilute the impact of student movements.
Potential for Misuse: By requiring prior permission, the university retains the power to deny or delay approvals, which could discourage students from organizing protests or lead to self-censorship.
Precedent Misinterpretation: The petition highlights that the university has misinterpreted a 2024 Bombay High Court judgment, which does not mandate an eight-day prior approval for student protests.

The petitioners have requested the Bombay High Court to:

Quash and set aside the impugned circular issued by SPPU.
Direct the university to refrain from imposing unreasonable restrictions on students’ rights to free speech and peaceful assembly.
Grant interim relief by staying the implementation of the circular until the final disposal of the case.

Implications for Campus Democracy
The case has sparked widespread interest among students and academics, as it raises crucial questions about the balance between maintaining campus discipline and safeguarding democratic rights.

“The right to peaceful protest is fundamental in a democracy, especially in educational institutions where free expression and dialogue are essential for holistic development,” said petitioner Avinash Solunke.

If the petition succeeds, it could set a precedent for other universities across India, reaffirming the importance of protecting students’ constitutional rights.

University’s Perspective
SPPU has yet to issue an official statement on the petition. However, sources within the university suggest that the circular was introduced to prevent disruptions and ensure campus safety during protests.