A Delhi court has ordered the immediate release of 14 students arrested during the recent "Long March" protest at Jawaharlal Nehru University (JNU), ruling that administrative red tape should not be used to keep people behind bars once they have been granted bail.
While the students had technically been granted bail on February 27, they remained in judicial custody because the police had yet to verify their permanent addresses and surety bonds— a process that was dragging on. Duty Magistrate Ravi, presiding over the hearing on Sunday, was blunt in his assessment, stating that the right to personal liberty under Article 21 of the Constitution cannot be undermined by slow paperwork.
"Procedural formalities cannot be so protracted as to render the judicial order of bail illusory," the magistrate noted. He argued that the law views bail as a way to ensure an accused person shows up for trial, not as a form of "pre-emptive punishment." The court was particularly concerned that if "outstation verification" was allowed to dictate how long someone stays in jail, students from outside Delhi would effectively be denied their right to freedom.
The investigating officer had tried to block the release, thereby arguing that verifying the students' details was essential to stop them from absconding, especially since some had allegedly given incorrect information earlier. However, the court decided that the "ends of justice" would be better served by letting the students go, albeit under strict conditions to satisfy the prosecution’s concerns.
Fourteen students, who include JNUSU president Aditi Mishra and former president Nitish Kumar, were among 51 people detained during a heated confrontation at the university gates. The protest was sparked by a series of grievances, including the rustication of student leaders and controversial remarks made by Vice-Chancellor Santishree Dhulipudi Pandit regarding UGC norms. While the university and police alleged that students assaulted officers during the scuffle, the court’s latest ruling prioritises the students' right to return to their studies while the legal process plays out.
Also read: JNU stir turns violent; police allege assault by students
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