On this blog readers can find news related to Aligarh Muslim University (AMU), a Central Government institution of international of repute. AMU is located in Aligarh, a city situated in the northern state of Uttar Pradesh (UP) in India. It should be noted that only news that is genuine, verifiable and not malicious or defamatory in nature will be allowed to be posted on this blog.

Friday, July 16, 2010

Restoration of Minority Status of AMU- NEED OF THE HOUR

A.M.U.: Restoration of Minority Status; a deception
Khat main usne alijanab kyon likha

Is main dhoka zaroor hai sufi

After long four years, Prof. Azis startled all, by constituting a committee of his trusted men, to take up the Court case pending before the Supreme Court since 2006, on priorty basis. The Members of the Committee who are novice to the issue as they were neither associated with the long drawn battle in the Courts nor at any point of time and in any way, they are involved. The members are;

Mr. Moosa Raza ex-bureaucrat, new find, who was never associated with A.M.U, so is Mr. Khawaja Shahid serving bureaucrat and a local with high local stakes, Mr. P.A. Inamdar a builder who runs educational institutions on commercial lines and a beneficiary, VC’s blind supporter in all his misdeeds in the last two years as E.C. Member; Mr. Kamal Farooqui, the aspirant for Hony. Treasurer’s post, a sort of careerist, Mr. Kazmi, lawyer, University Council in Allahabad High Court, and Prof. M. Shabbir, Deptt. of Law A.M.U, both of them are not conversant with the essential details and intricacies of the matter.

This new Committee, besides being incompetent to handle the matter properly, is out-rightly un-authorized as the VC has no such powers, specially when there is a high-powered Committee existing which was constituted by the E.C in 2008 under the Chairmanship of Justice Saghir Ahmad with members like Mr. Zafaryab Jilani and Mr. Waseem Ahmad, who are conversant with the matter.

This E.C Committee may be revived rather strengthened by co-opting Mr. Saiyed Hamid senior most Alig and ex-VC, Mr. Naseem Ahmad ex-VC, Prof. Faizan Mustafa ex-Registrar A.M.U, Mr. S. Shahabuddin and Mr. Anil Dhawan, Senior Advocate who pleaded the case in the High Court as well as Supreme Court,even if Prof. Azis is not pleased with the names.

If the intentions are noble, this is the only way out for the University otherwise, it is merely to hood wink the masses because Prof. has of late, came under severe criticism in this matter.

The Teachers Association, AMU severely criticised the VC and demanded the constitution of the committee (in their usual ignorance that there already existed a E.C committee), removal of Ejaz Maqbool, University Council and reinstating of the Dy. Registrar, (who was reinstated without holding a Inquiry, proves his innocence and VC’s drama).
That the University standing Council, failed to appear on three consecutive hearings before the Supreme Court in February and March, 2010 (Hearings held after four years), on the direction of the VC. Luckily the case was not dismissed. This calls for investigation to unearth the truth. However, to save himself the all powerful and reckless Prof. Azis, shifted the blame on the dealing Dy. Registrar and was suspended, who is totally innocent as he kept the VC and Registrar posted with the developments on day to day basis.
That the VC has been persistently harping on extending benefit to Muslims at the proposed Campuses/Centres under Section 5(2)(c) of the AMU Act in spite of the truth known to Prof. Azis and all, that the operation of this provision has been suspended by the Supreme Court in 2006 and as such when AMU is not within its powers to offer consessions to Muslim, how these proposed Centres could possibly offer concessions.

Not only this, this very Shri Azis has declared in no unequivocal terms that there shall be no quota and admission shall be made on the basis of open All India Competition. What more is required to confirm that no concession can be extended to Muslims? and slogan by the VC and all is a farce.

Despite these hard realities, vested interests amongst Muslims, like Maulana Asrarul Haq Qasmi and several others in Murshidabad and Kishanganj seem convinced with the rhetoric of the Hon’ble VC. Shame on them. They are blaming on the contrary, those who are in the interest of the University and the Muslim, possing the Centres which are against the AMU Act and shall meet the fact before the Court of law, the reservation policies in different States met.

Similarly, people are convinced with Prof. Azis when in a press statement he tried to convince rather misleads the public that he shall fully cooperate with the ongoing Visitors Inquiry. What is the need for such a public statement in the first place and secondly, after meddling with the process in whatever way possible to side track and delay the Inquiry report which has already taken one year. His intentions could only be believed if he quits office during the pendency of the Inquiry. On the contrary, he is going full throttle, rightly or wrongly, mostly wrongly, to commence teaching at Murshidabad to mislead Muslim masses there and to serve the master, Shri Pranab Mukharjee (Murshidabad his constituency), who alone can bail him out of the mess he is in. This matter of establishing Special Centres (now Regional Centres, child’s play) the MHRD is fully supporting Prof. Azis disregarding the legality of the matter and AMU residential and Minority character. Big game is on with disastrous fallen outs for us.


The vry idea of establishing Campuses or Centres or whatever mooted out with the sole intention to benefit Muslims backed by Govt. too. But with suspension of operation of the concerned statutory provision in the AMU Act by the Supreme Court and the declaration of Prof. Azis himself under the existing situation that there shall be no quota and admissions shall be made on the basis of All India Entrance Tests; it all fell like a pack of cards. Where is the remotest possibility of offering any concessions to Muslims and therefore, the need to establish Campuses etc?


Elections are near Congress has big stakes and may continue befooling and misleading Muslims at least till then and therefore the exercise is on, at full swing, speaks loud and clear that the intentions are not noble. A big game is on, without regards of the disastrous fall-outs on AMU, threatening its Residential and Minority Character directly.


Kr. Hashmat Ali Khan

Advocate (1953)

Ex-member, AMU Court
Aligarh

Taliban Style of Justice and Campus Ban for Lifetime by Aligarh Muslim University (AMU)

Adil Hossain
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Everybody must have read the Aesop’s fable of The Wolf and the Lamb. First the Wolf accused the lamb that he grossly insulted him last year. The lamb replied that he was not born then. The Wolf put another charge that he fed from his pasture and he meekly replied that he had not tasted grass yet. The wolf indicted the lamb again that he drank from his well, and he rebutted that he never drank water and mother’s milk is his food and drink both. Desperately the Wolf seized the Lamb and ate him up, saying, "Well! I won't remain supperless, even though you refute every one of my imputations." And we get the morale of the story; “The tyrant will always find a pretext for his tyranny”. The way the present AMU administration dealt with the trial of my case and that of Mr. Afaq Ahmad, both from the Dept. of Mass Communication, AMU one can only think of that hungry wolf who doesn’t care for anything, but for his supper only.
Okay So It’s Official, I am an Old Boy of AMU now. The Disciplinary Committee held on 07.07.2010 has recommended issuing Migration Certificate to me and also imposing Campus Ban i.e. means Campus Ban for lifetime. The same Committee also recommended rustication Order for Mr. Afaq Ahmad, M.phil Mass Communication for two academic session’s i.e 2009-10 & 2010-11 along with campus ban for the same period.
The Proctor in his Office Memo vide D.No. 2541/Proc dated 13.07.2010 has added other charges to me that I repeatedly asked for the evidences which were going to be used against me and I sought explanation from the Discipline Committee. They thankfully noted in the same Office Memo, “But instead of defending himself and answering the charges he allegedly impugned the entire institutional edifice of enquiry and procedure and proceedings thereunder and made counter charges and posed counter questions”. It is clearly proved from the suspension Order that The Discipline Committee was held in Talibani style where the accused was not provided with any evidence for full and informed defence complying with the principle of natural justice. The Office Memo admitted clearly my stand that I was not ready to defend myself in an unprepared way and I kept asking for evidence of which I am sure that the AMU administration framed me with malafide intention without having any written document against me. “However he neither rejected the charges nor accepted the charges rather he kept on repeating that the charges are vague and he was not provided with any evidence. “
From the very beginning I have stressed on the point that student’s career are taken to be so cheap by the AMU administrators that they don’t even care to comply with the principle of natural justice or with the principle of audi alteram partem which any democratic institution must follow during any judicial or quasi-judicial trial.
The Supreme Court of India has given the following directives defining the “audi alteram partem” principle to be followed during any judicial or quasi-judicial process in the famous case of Union of India vs Tulsiram Patel & Others 1985 AIR 1416, 1985 SCR Supl. (2) 131,
“the audi alteram partem rule, in its fullest amplitude means that a person against whom an order to his prejudice may be passed should be informed of the allegations and charges against him, be given an opportunity of submitting his explanation thereto, have the right to know the evidence, both oral or documentary, by which the matter is proposed to be decided against him, and to inspect the documents which are relied upon for the purpose of being used against him, to have the witnesses who are to give evidence against him examined in his presence and have the right to cross-examine them, and to lead his own evidence, both oral and documentary, in his defence”.
Thereafter from the Office Memo D.No.2541/Proc Dated 13.07.2010 , it is very much clear that the Disciplinary Committee at the very outset violated the rules set by the Hon’ble Supreme Court of India as they again charged the accused i.e me for asking evidence & for counter questioning which is the right of any accused as mentioned clearly in the abovementioned Supreme Court Judgement. Such clear defiance of the Supreme Court Directives by the AMU administration and the Disciplinary Committee can only be interpreted that Aligarh Muslim University has adopted Taliban Style of Justice under the regime of the present Vice-Chancellor to crush any voice of dissent with the harshest laws available.
The present Vice-Chancellor is only resorting to double standard when he talks about democratic form of protest. In his meeting with the natives of Kishanganj on June 25, 2010 along with the President Old Boys Association, New Delhi Mr. Khwaja Shahid he agreed on certain things where he advised in the Action to be taken with immediate effect portion that to press for AMU Off-Campus Centres, “NH 31 road and other major markets in Kishanganj will be jammed “. So its amply clear whereas he advise natives of Kishanganj to block the National Highway to get AMU off-campus centre at any cost , at the same time he imposes Campus Ban for lifetime to a student with the charges of blocking the university road at 10.00 pm to demand for electricity restoration inside the campus. What if another Prof.P.K.Abdul Azis will handle such road block of National Highway at Kishanganj? Would this present Vice-Chancellor then support such administrator who will throw every people involved in blocking National Highway in the Jail for lifetime? The Vice-Chancellor must answer on such double standard where he pounce on every student who get involved in democratic protest and on the other side asking people to block national highway to get his desired AMU Off-Campus Centre.

I won’t act like a crying baby. I am only putting these facts to people which will have some dangerous repercussions in future. AMU in the recent times has lost many cases in the Court of law and it naturally gave the media the opportunity to question the administrative actions in the harshest language.
With the harshest decision on me and Mr. Afaq Ahmad flouting all rules and regulation at place, the AMU administration wishes to give a clear message to the students involved in any kind of activism that they have the power to torture us mentally, physically, economically for unnecessary reasons even if we go to court and win our case. However they are not bothered with the fact that Court will like most of the cases would overturn their decisions and media would again portray them in bad light. They just want to save their ego. The anti-student, anti-activism forces should be happy only when the Court would support the decisions taken by the AMU administrations. When they don’t, and media shows how AMU still shows their thumb to the rule of law and get punched on the face by court, they must ask how long this should go.

The people at the forums are talking about an influential group. Please make one and offer for crash course on the Constitution and Principles of Natural Justice for free of Charge for the people sitting at the administration. Else, such illiterate people sitting at the helm of affairs would ruin the reputation of our alma mater.

Md. Adil Hossain,
AMU 2002-2010
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Proceedings of the AMU's Khap Panchayat known as Disciplinary Committee
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To
The Vice-Chancellor
A.M.U, Aligarh Dated: 12.07.2010
Subject- Denial of fair trial by the Discipline Committee held on 07.07.2010 which exhibited bias, partial and pre-determined attitude.
Respected Sir,
I was suspended, without any prior show cause/explanation letter, violating the principle of audi alteram partem, vide LD No. 2113/Proc dated 03.06.2010 with 03 allegations. I was then served a Chargesheet vide LD.2177/Proc dated 09.06.2010, received by my parents on 22.06.2010 and by me on 26.06.2010. I also received a notice from the Proctors Office vide D.No. 2364/Proc dated 29.06.2010 for attending the duly constituted Discipline Committee on 07.07.2010. In the meantime I sent three letters to your office with the request to provide me with evidences so that I can make full and informed defence in front of the Discipline Committee but in vain. But even though I was denied the evidences which were to be used to substantiate the allegation against me, in violation of the principle of natural justice, out of respect and to uphold the sanctity of the duly constituted Discipline Committee I appeared before it on 07.07.2010.
In the Discipline Committee, the Proctor after reading out the allegations against me invited me to respond. I humbly pointed out the non-provision of evidence to me and therefore I cannot make full and informed defence. In the mean time the Registrar shouted at me saying that University authorities are not here to provide evidence and I am to simply give my explanation. I modestly tried to make him aware of the basic principle in any such proceedings that the burden of proof lies on the accuser. To my utter dismay, the Registrar retorted, “Go to the Court and prove your innocence”.
The Proctor intervened to assert that I know what wrong I have committed and therefore I do not require any evidence. He showed me some pages from a distance alleged that it was a copy of a write up on the net that he had gobbled up money. I meekly submitted that in a quasi-judicial process like this everything should be on paper and nothing can be in the air. I again emphasized the need of evidences which will be used to substantiate the charges against me with sufficient time to prepare my defence to be placed before any Discipline Committee.
The Registrar again to my utter shock stated that I do not require any evidence as things are clearly stated in my charge sheet and he read out the passages from it where it was written that I wrote defaming articles on the internet. He stressed that the chargesheet contained enough evidence. I humbly submitted that there is a basic difference between Charge sheet, which contains the allegations, and evidence, which is used to substantiate the allegations.
The Proctor said that the Deputy Proctor Fareed A Khan (who was sitting there and appeared to be part of the Discipline Committee) has submitted a complaint and is the witness to substantiate the charge that I blocked the main University road because of which the electricity restoration progress came to a standstill in the night of 01/02 June from 9.00 to 10.45 pm. I pointed out that if such thing happened the Chief Electricity Engineer must have submitted a complaint letter because he is the responsible authority for it. But a Dean, Member of the Discipline Committee, shot back that such complaint letter is not required and any Staff can report such incident. I again emphasized that the complainant and prosecuting authority can’t be a witness, which is against the principles of law.
I pointed out that the suspension order contained only 03 whereas the Charge sheet contained 06 allegations and therefore it should be construed as afterthought and liable to be quashed. One Dean, Member of the Discipline Committee, intervened to press that such practice is justifiable and Proctors Office may add new charges if they find any during the process of inquiry. To which I replied that the allegations added could not have been found during the Inquiry as they appear to be events that took place, if at all, much before the Inquiry and further no Inquiry was conducted and if conducted I was not given any opportunity to be heard by it, violating the principles of natural justice. Another Dean, Member of the Discipline Committee, asked me why I sent all the correspondence to the Vice-Chancellor after my suspension to which I replied I found it proper to address the Vice-Chancellor for he is the competent authority to direct the Proctor to provide me with evidences. The same Dean asked my final stand on the charges against me and I again humbly submitted that the allegations are vague and I require evidence which are proposed to be used to substantiate the allegations to rebut them. I again stressed that without evidence I cannot make a full and informed defence so I must be given a fair trial by providing me the evidence. The Dean replied that I can’t question the fairness and impartiality of the Discipline Committee and it can be added as another allegation against me, I therefore went quiet. Finally I was asked to leave.
University is a temple of learning and any act of discrimination at this stage may impact severely to the natural growth of any student. The Discipline Committee of 07.07.2010 was extremely biased and prejudiced against me, which is proved by the fact that they denied me the evidence violating the principle of natural justice. I therefore feel that it will take the harshest possible action against me, without giving me a full opportunity to defend myself.
I therefore request in view of the above to kindly direct that the entire proceedings be quashed and the allegations against me be dropped as it is by now obvious that there is no evidence to substantiate the allegations against me.
Thanking you.
Yours faithfully
(Md. Adil Hossain)
M.A(Prev) Mass Communication, Roll No: 09-MCM-06
C/O Mohd. Chaman, Quarter no F/3
V.M.Hall Compound, AMU, Aligarh-202002
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