SAU an international organisation, has privileges and immunity: Delhi HC
Malavika Prasad | 25 January 2024 | The Indian Express
The Delhi High Court has observed that the South Asian University (SAU) has the status of an “international organisation” and enjoys the “privilege and the immunity” from being subjected to the writ jurisdiction conferred to the court under Article 226 of the Constitution of India.
The observations came while the court was hearing pleas moved by SAU’s associate professors, who were issued show cause notices on December 30, 2022, over their alleged involvement in a student protest for redressal of their grievances. The HC has said the pleas are not maintainable.
After the notices were issued, SAU formed a fact-finding committee and the petitioners were provided an opportunity to participate in its proceedings. The order notes that the petitioners “allegedly” did not cooperate with the committee when they were provided an opportunity to appear before it. Submitting its report on May 29, 2023, the committee concluded that the petitioners had “prima facie acted in a manner which can be construed as a violation” of the rules, regulations, and bylaws, including, but not limited to, the Code of Conduct of the university. On June 16, 2023, SAU’s Acting President suspended the petitioners; the latter moved the HC against this.