Calcutta High Court sets up committee to mediate and resolve dispute at Santiniketan's Visva-Bharati University

While hearing a petition filed by an advocate, the Chief Justice Division Bench observed that the petition would be considered as a ‘Suo Moto Public Interest Litigation’.

A month after clashes erupted on the Visva-Bharati University campus at Santiniketan in Birbhum district of West Bengal, the Calcutta High Court on Friday set up a committee to mediate between aggrieved parties and resolve the dispute. While hearing a petition filed by an advocate, the Chief Justice Division Bench headed by Justice B Radhakrishnan and Justice Shampa Sarkar observed that the petition would be considered as a ‘Suo Moto Public Interest Litigation’.

Taking suo moto cognizance of the matter, the high court formed a committee with Justice Sanjib Banerjee as the chairperson and Justice Arijit Banerjee, Advocate General, Additional Solicitor General as members.

The court’s order read, “The Committee, hereby appointed as aforesaid, will be provided adequate secretarial support by the appropriate persons from the Visva-Bharati as the Chairperson of the Committee will indicate to the Upacharya (Vice-Chancellor). The Upacharya and other officers of Visva- Bharati will also do the needful in providing appropriate assistance as may be required by the Committee.”

The order added, “We hope to get interim reports as proceedings may be carried forward by the Committee, as and when the Chairperson of that Committee may desire us to see any such interim report. It will be open to the Committee to bring within the fold of its Mediation and Conciliation, any litigation between Visva- Bharati and any aggrieved party which is pending in any civil court as if this process can also be considered as falling under Section 89 of the Code of Civil Procedure.”

Besides appointing the committee, the court observed that there shall be no construction, demolition or removal of any structures in any part of the land belonging to Visva-Bharati or over which it has claimed, except with the permission of the Committee. However, the order mentioned that the Visva-Bharati campus is encircled by barbed wire fencing.

“...barbed wire fencing shall be put up by Visva-Bharati under the control and advice of the Committee to properly secure the land of Visva-Bharati. It will be within the authority of the Committee to issue such directions and advisories to the officials of Visva-Bharati as may be found necessary, including as regards whether any passage or passages are to be provided for any place in the area concerned,” the order mentioned.

The court asked the police to maintain the status quo and suspend all police action against complaints arising out of the incident which occurred on August 17, 2020. However, the police authorities were directed to keep a close vigil over the University campus and in the area, in general, to ensure that law and order is maintained.