Thursday, October 7, 2010

Student's Dharna, Legal Blackmailing and AMUSU Constitution

The month of revolution is back. So are the heinous practices of the AMU administration. We have seen things in past and I proved them with documentary evidence. After students started their peaceful agitation this time for the legitimate demands of the students the first thing AMU administration did is to activate its propaganda machine through the Public Relation Office in the Stalinist way. The phrases like “Outsider” started coming in without any documentary evidence. I have posted the Secret Paper in past where Vice-Chancellor tried to link an AMU incident with Al-Qaeda. Even this time again they mentioned â€œOutsider”. My simple question, Sir, is it Al-Qaeda again? Ohh you have got the chance again to pass another Crores of Rupees for Security in the dark rooms of North Block! Grab it at any cost Sir. Home Ministry will bless you.
 They must have also activated the LIU group and senior Proctorial Officers must be writing draft after drafts of the Departmental Enquiry Report of this whole incidence (based on nothing of Course) to prove their mettle in creative writing. After all whosoever write the Best Fiction in the first opportunity like this can ask for any favour ( Read lucrative post, Selection Committee favours you know). My best of luck to the ones who will write this Departmental Enquiry Report in the coming days. I will write a literary review of course without any favour though whenever I get it through RTI.

A Grievance Meeting is being held, a meeting was called immediately and a Press Release came in that Toppers assured the Vice-Chancellor that they are not the part of the protest. So the propaganda is- only bad elements are the part of it. We know a famous way to declare peace, put a gun on anyone’s forehead and forcing him to say, ‘yes its Peace’. But till I am with the AMU students, I will never let their propaganda machine work. The gun tottering tactic started the day AMU students organized a huge peaceful rally to demand the removal of the despotic characters and restoration of Students Union. But when students are pushed to the wall, I know the fallen shall rise again.
Now AMU authorities have started legal blackmailing of the students community. The days of Committees are over. It’s just eyewash. Last year it was promised to the students that Committee on the Students Union would submit its report in 3 months but only to fool students.
 Well I have some legal advice to my fellow brethren at the Dharna site which I want to convey through this forum.
The demand for the Students Union should be a non-negotiable demand and there should be no discussion on it and this is supported by the AMU Act, 1981. The recent Press Release that is coming up is just to mislead the students community.  Every Act is in force till it is amended or repealed. Even till the last day. Now the Statute 34 of the AMU Act, 1981 clearly states that, *34. Students’ Union - There shall be a Students’ Union to be known as Aligarh Muslim University Students’ Union. The Vice- Chancellor of the University shall be the Patron of the Union.
Now this Act was passed by Parliament and therefore the “shall” word emphasize that its mandatory for the AMU to have a Students Union. So even if the AMU authorities are blabbering about some AMU Courts decision to review the Acts or Statutes, its effect is only in perspectives terms and not in retrospective way. So at this moment the legal stand is very clear. That no committee, no body is empowered to stall the restoration of the Students Union untill that Statute is amended or repealed. So buddies, don’t listen to these craps. Don’t attend any meeting or consult with any Committee till official notice comes about the restoration of the AMU Students Union by October. AMU administration will only fool with such tactics. And ultimately their aim is that instead of restoring Students Union following Statute 34, they will say as talks failed and student are not relenting in their protest, so lets declare sine die. Students must realise that Students Union is their statutory right and the demand must be met at any cost.
If someone comes and says that problem in the restoration of Students Union is arising due to the Lyngdoh Committee report, the legal logic is plain and simple. Lyngdoh Committee report is already challenged at the Constitutional Bench of Supreme Court and its recommendation is from Judiciary, whereas the AMU Students Union is mentioned as mandatory by the Parliament of India which is the Supreme Body in India. So Parliament should be followed.
The argument that due to violence we are not restoring Students Union also lack rationality, which if is applied at the National level ( considering the  large scale violence happen in some parts) will only cease the Parliamentary Democracy of India and bring the black days of Emergency.
And remember my friends, in the end what matters is “WE THE PEOPLE”...Long time back AMUSU Constitution was written and it shall be our guidance even now because it was declared by the “We the Students of Aligarh Muslim University’. AMU administration even today charge Rs. 60 for AMU Students Union.
So according to the Clause 1, Chapter II of AMUSU Constitution, AMU students are still the member of the AMUSU. It means you just have to restore it.

And my dear fellow students, don’t feel disheartened when AMU authorities claim that those who are protesting are criminal elements. You know, recently one senior Proctorial Officer took law onto his hands and browbeaten a poor Risksha Puller because he was fetching the tent for the agitating students. What a proud display of muscle power on a poor fellow who earn by toiling all the day. Is not it a criminal Act? Who doesn’t know that 4 top Officials were booked under various sections of IPC ( criminal trespass and all) in the Dr. Siras Case! Or long time back a Hindi daily flashed the report of an FIR against Registrar and all. Or the recent FIR against the Vice-Chancellor himself by one Polytechnic student on account of Forgery! Or have we forgotten that the top AMU officials are still under Presidential Enquiry for financial bungling which is a criminal act? So my dear students, no one can allege that you are a criminal unless there is any FIR or even allegations. Those who are doing it have just lost all the sanity by being involved in their alleged criminal actions.

And now, when students are agitating for the restoration of AMU Students Union, I wish to gift them the digitize copy of the Constitution of AMU Students Union. I procured it through the RTI and digitized it for wide circulation. Student Grievance Redressal Committee can be compared with AMUSU because of this Constitution. My dear fellow students, in your struggle, read it everyone arm yourself with this legal document which was not available anywhere till date except the dusty racks of Council Section, Registrar Office, AMU. The AMU Website displays every Act and Statutes for the RTI movements, even the Students Conduct Rules, 1985 but not AMUSU Constitution( AMU authorities hate democratic student representation or doesn’t understand the concept of Democracy). I hope it will also rekindle the nostalgia among the Old Boys also who may download it from here, To download AMU Students Union Constitution)


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  2. One of your best written posts. Like it. Make it public :)

  3. "whereas the AMU Students Union is mentioned as mandatory by the Parliament of India which is the Supreme Body in India. So Parliament should be followed."

    with utmost respect i wanna to say that parliament is not the supreme body rather the constitution of this country is supreme....all the three bodies, i.e legislature, judiciary as well as executive derive thier power from the constitution. The task of the legislature is to frame & pass the laws and the judiciary is the interpretor of those laws. The Judiciary has a power to declare any law passed by the legislature as null & void, if the said Act is said to be ultrawires to the Constitution.