'Dignity of the Court must be maintained': Gujarat HC objects to IIT student's attire in courtroom

Ahmedabad: The Gujarat High Court on Monday objected to a girl student's attire and remarked that "dignity and decorum of the court" must be maintained by everyone.

A heated argument ensued between the judge and the senior lawyer representing the student petitioner who is pursuing Masters degree from Indian Institute of Technology, Gandhinagar (IITGn). She is facing disciplinary action by the institute against which she has moved before the court.

As the hearing began, Justice Nirjar Desai objected to the petitioner student who was wearing an open shirt over a t-shirt. On the high court's YouTube channel, senior advocate Percy Kavina, appearing for the student, arguing, is heard saying, "I am respectfully submitting to your lordship that the attire of the petitioner must and can't affect the court's discretion."

Against which Justice Desai remarked, "Certainly not but at the same time Mr Kavina you also listen when a matter is in court in respect of discipline of an organisation when you are challenging that the action based on indiscipline of a student then it matters." To this Kavina responded, "..but I think your lordship must condone what your lordship thinks of a problematic attire."

"Not problematic but everyone has a choice and everyone can exercise their option and choices but it depends upon the place that person is visiting and the arrogance must not reflect in actions or words," Justice Desai remarked in response.

The judge further said that he didn't want to "spoil" the career "but at the same time a student must know what is wrong is wrong and what is impermissible."

"Mr Kavina, I am not against your client... but at the same time I must say if not you the AOR (advocate on record) has failed to maintain the dignity and decorum of this court. This is a temple of justice and every religious place has its rule and decency...It wasn't from Nirjar Desai but from the court," Justice Desai said while asking Kavina what was the way out.

During the hearing, court told Kavina about his aggression and words he used for which Kavina said he regretted and said he was taking his words back.

The student is currently facing several disciplinary proceedings initiated by IITGn. In one instance, she was penalized for allegedly rude behavior after requesting the remaining tour allowance for her fieldwork.

The institute’s inquiry found her guilty and directed her to either vacate the hostel or perform community service. She opted for the latter.

In another case, she was expelled from her hostel after being found “living in the boys’ hostel.” In her defence, she stated that she had gone there only to collect some materials. She stated that she had access to the hostel room key, as the student to whom the room had been allotted was abroad during that time.

She said she was expelled from the hostel and was living off campus. Kavina told the court that she was being "punished" for filing complaints rather than being a "servile."

During the hearing, Kavina also pointed out how times have changed over the years, noting that on campuses such as NID and CEPT, students often move freely between boys’ and girls’ hostels.

The court, however, opined that students must adhere to the discipline prescribed by their institutes irrespective of personal opinions.

The court has issued notice and kept the matter for further hearing on April 29.