Introduction
In a significant move, over 700 students and alumni from the National Law School of India University (NLSIU) have voiced their opposition to the presence of Bar Council of India (BCI) Chairman Manan Kumar Mishra and Chief Justice of India (CJI) Surya Kant at their convocation. This protest also includes a demand for an unconditional apology from the BCI to the National Academy of Legal Studies and Research (NALSAR) University of Law’s student and faculty community.
Background
The discontent stems from a series of controversial decisions made by the BCI on August 13, which initially halted the enrolment of NALSAR’s graduating batch, only to restore it hours later. This action followed objections raised against CJI Surya Kant’s proposed attendance at the NALSAR convocation.
Statement from the Students
The protest statement, endorsed by 165 graduating students, 409 current students, and 128 alumni, contends that Manan Kumar Mishra does not fully represent the BCI. The BCI includes the Attorney General, the Solicitor General, and one member from each State Bar Council. Therefore, the students argue, Mishra lacks the authority to independently issue such orders. The first letter from the BCI did not mention having the Council’s approval, unlike the second, prompting demands for clarification about the protocol for using the BCI Chairman’s official letterhead.
A Matter of Free Speech
The students have criticized the BCI’s actions as an assault on free speech, invoking Rabindranath Tagore’s “Where the Mind is Without Fear”. They described the directive to NALSAR to identify the campaign’s supporters as a “witch-hunt”. The statement warns of the broader implications, stating, “The BCI’s actions create a chilling effect on free speech not only for the students and faculty members at NALSAR but for students and citizens across the country by sending them a clear signal that any act of dissent will be met with severe personal and professional consequences.”
Concerns Over Language and Tone
The statement objects to the language used in BCI’s communication, which attributes the dissent to “misleading” and “instigating” by “outsiders”. The NLSIU community found this patronizing and an attempt to isolate involved students and faculty. They clarified, “The language used in the second letter, claiming that ‘innocent’ students have been ‘misled’ and ‘instigated’ by ‘outsiders’ is patronizing, dishonest, and an insidious attempt to isolate certain students and faculty members. To be absolutely clear, we write this letter of our own volition and not under the influence of any amorphous ‘outsiders’.”
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Historical Context and Conclusion
The statement also highlights what it perceives as a recurring pattern of partisan behavior from Mishra, referencing his previous comments labeling protesting students at Jantar Mantar as “anti-social and anti-national forces” influenced by foreign entities. The students emphasized that convocations are pivotal milestones for those overcoming various societal barriers to access legal education. They argue that inviting dignitaries who have shown disdain for student protests detracts from the ceremony’s celebratory nature.
