GNLU student files FIR vs VC for discrimination after frisking

GNLU
GNLU
A GNLU Gandhinagar student lodged police complaint against VC Bimal Patel alleging caste-based discrimination.

Gandinagar: High and dry?
Gandinagar: High and dry?

A GNLU Gandhinagar student on Tuesday lodged a police complaint against the law school’s vice chancellor and director Dr Bimal Patel, alleging caste-based discrimination after Patel had allegedly frisked and fined the student for carrying a cigarette packet on campus.

The third year GNLU student alleged in his 16 April first information report (FIR), a copy of which Legally India has seen in Gujarati, that he was frisked by Patel outside the college mess area on the night of 7 March, during GNLU’s annual fest Pentagram.

The complainant alleged in a written statement:

“I was leaving for my home … in front of mess Director Bimal N Patel, Dr […] and Dr. […] stopped us and asked where we were going. During that time the mess workers and other students were also standing over there. I gave my outpass to […] she further handed it over to Director Sir. [She] started checking my bag and found nothing objectionable. After that she asked Director Sir and wardens to check our pockets. Director Sir asked who among us [complainant’s name] was. I raised my hand. Director Sir came close to me and forcefully started frisking me. I was constantly asking the Director to stop this act. Director Sir found a box of cigarettes in my possession. I apologised the same for it then too Director Sir commented […].”

“Being caught with possession of cigarettes is against university rules and I am ready to pay the adequate penalty for same but Director Sir for such a small mistake shouldn’t have insulted me […].”

The complainant was accompanied by two classmates, who also made sworn statements in writing along substantially similar lines. One handed over cigarettes in his possession before he could be frisked.

On 8 March the complainant and one classmate received disciplinary letters from GNLU’s resident warden asking that they deposit a fine of Rs 2,500 each with the university, for having been found with cigarettes near the mess area.

A GNLU student who did not wish to be named told Legally India that the police had visited campus on 17 and 18 April. The Deputy Superintendent of Police (DSP) Kalol is investigating the matter, according to a report in the Times of India, which cited him as saying that the Gandhinagar police is yet to record Patel’s statement.

The incident allegedly happened during GNLU’s first inter college festival, Pentagram. According to several students faculty strictly patrolled the festival looking for drugs, cigarettes, or alcohol – which is illegal in Gujarat - on students by carrying out random body searches.

Patel did not respond to Legally India’s calls and phone messages seeking comments since Friday.

Comments

abc 22 Apr 2013, 05:38
+19 -13
Whats so wrong about it? That these people have filled an FIR! Ridiculous!!! The Guy smokes for which the Director would have scolded for which an FIR is just heights of foolishness! These future lawyers need to learn discipline!!! Legally India you have lots of important legal business to transact! Get a life! And change the pic of GNLU thats the old building!
lortl 22 Apr 2013, 12:49
+6 -3
[quote name="pi"]how do we know that the person was targeted because of his caste?[/quote]
[quote name="abc"]Whats so wrong about it? That these people have filled an FIR! Ridiculous!!! The Guy smokes for which the Director would have scolded for which an FIR is just heights of foolishness! These future lawyers need to learn discipline!!! Legally India you have lots of important legal business to transact! Get a life! And change the pic of GNLU thats the old building![/quote]

Just a bit of a confession here, I actually loved the old building and the old hostel. How i miss those wonderful nights spent with my fag-buddies. be it exams or presentations we always had fags to count on..and all of a sudden this new era has ushered in ..washing and fading away those lovely and special memories that i still cherish in my heart.

P.S. I might act tough but I got feelings too, and right now they are hurt....each one of them.
old school 22 Apr 2013, 15:42
+2 -1
I miss it too buddy!! those were the good ol' days. on the serious note, the investigation should be thorough and complete and if found guilty the justice should be swift and merciless.

P.P.S: you only live once..
Lomu 28 Apr 2013, 07:18
+2 -0
The problem is that there was a caste based frisking, that is why that dude filed the FIR.
peace seeker 22 Apr 2013, 06:04
+13 -16
i can empathise with my friend here. This caste based frisking must stop. besides, smoking in the campus is prohibited and not outside. I can carry a packet of cigarette without smoking inside the campus. Good or bad, smoking is my personal choice. caste based frisking must stop..
pi 22 Apr 2013, 11:45
+9 -3
how do we know that the person was targeted because of his caste?
Ridiculous 22 Apr 2013, 06:42
+13 -6
The director should not have frisked the students, I agree. However, this is NOT caste based, totally blown out of proportion.
Amicus 22 Apr 2013, 06:52
+4 -2
Prachi - what the student has filed is a complaint. A First Information Report (FIR) can only be registered by the police after reviewing the complaint. Please confirm if it is merely a criminal complaint or a FIR. A FIR obviously means the police have taken the complaint seriously and intends to investigate officially.
Prachishrivastava 22 Apr 2013, 08:22
+0 -0
[quote name="Amicus"]Prachi - what the student has filed is a complaint. A First Information Report (FIR) can only be registered by the police after reviewing the complaint. Please confirm if it is merely a criminal complaint or a FIR. A FIR obviously means the police have taken the complaint seriously and intends to investigate officially.[/quote]

FYI:

[quote]16 April first information report (FIR), a copy of which Legally India has seen in Gujurati[/quote]

[quote]The Deputy Superintendent of Police (DSP) Kalol is investigating the matter, according to a report in the Times of India, which cited him as saying that the Gandhinagar police is yet to record Patel’s statement.[/quote]

Best wishes,
Prachi
pappu 22 Apr 2013, 07:42
+8 -5
LI your reporting is crap. You should tell us the remark that was made. Unless it was a caste slur it is a frivolous complaint.
Legal Douche 22 Apr 2013, 08:42
+9 -0
This is some seriously embarrassing shite for the alumini.
Sudheer Reddy 22 Apr 2013, 09:13
+5 -3
Very cheap news article .....
Poor VC 22 Apr 2013, 09:16
+13 -4
Ulta Chor Kotwaal ko daate! These students seem to be taking undue advantage of vulnerability of their VC.
pi 22 Apr 2013, 09:21
+18 -5
dear, dear, these students are using caste as a leverage to distract from the main issue that they have been in breach of uni regulations. They would become good lawyers.
jsmd 22 Apr 2013, 09:26
+8 -1
the individual student has to introspect his actions. if he is really interested in improving his thinking and attitude, he must not blame others for his own faults and try to correct himself. it is very easy to blame others for anything. do not politicize the issue. Kindly focus and concentrate only on academic activities.
S-MOCK-ING 22 Apr 2013, 10:03
+2 -8
Fag is illegal in Gujarat? Seriously!! Anyways, we would have never become terrific lawyers that we are today, without beloved Classic Milds.
pi 22 Apr 2013, 11:46
+1 -3
only alcohol is banned
Confused Zeus Says . . . 22 Apr 2013, 10:16
+21 -2
To the Complainant Smoker -

Dude, if you are bringing in caste issues just to cover up your faults and make the VC look like a villain, you are in serious trouble. In the event the VC gets a clean chit - you will be exposed to proceedings for malicious prosecution and abuse of legal process. Better be sure you have a good case.
Guest 22 Apr 2013, 11:33
+12 -1
LI Make sure to cover what happens next. Last time when the SC rejected the appeal of the detained students, you never reported it. That seemed biased.
Concerned Alumni 22 Apr 2013, 12:31
+7 -5
the director uttered caste abuses at the particular student in front of two other students....Legally India please report the true complete story....and this is not the first instance ....there have been past incidents which corroborate this....The director is a parochial minded man...and many non-domicile students have been facing the burnt of the staff as they are outsiders....this is really sad...i m glad someone had the nerves to take it up...and yes according to confirmed reports...the police has registered the FIR...i just hope that the police and the investigation agencies dont come under the influence of the director who shares a close nexus with the political leadership in gujarat...
M 22 Apr 2013, 14:04
+2 -1
It is very unfair to the director that LI does not mention the word that was said and instead paves the way for persecution. This student is deflecting from the fact that he broke hostel rules. Seems to be a politician in the making.
More Concerned Alumni 22 Apr 2013, 14:06
+5 -1
At [b]"Concerned Alumni[/b]": Come on. Your statement shows your ulterior motive.
I was an alumni too and[b] most importantly an outsider from a state 1500 Kms away[/b]. All said and done, you cant accuse them for having double standards against the locals and outsiders. Do you even realise that most of the faculty members are from outside as well. Please, do not be unfair with your comments.
AlphaX 22 Apr 2013, 18:51
+6 -3
Well, such FIRs should be quashed with exemplary costs. Assuming there was anything objectionable in the manner in which students were frisked, it could certainly not be a case of caste based discrimination. Thinking aloud, will any firm or organization want to recruit someone ultra-sensitive?
Frustrated student 22 Apr 2013, 19:28
+4 -8
I agree with #13. The real point in issue is the caste slur that was made and the singling out of this particular student by the VC for frisking, after specifically asking which one of them he was. And the slur hasn't even been reported in this article so obviously no one who reads it can figure out what the real case is. Anyhow the VC will probably get away with it like he always does thanks to his political pull. Has no one else noticed how many times he and his cronies have been pulled up in front of a Court and mysteriously made it all go away? Here's hoping that justice will prevail this time.
Prakash 23 Apr 2013, 03:41
+5 -5
This incident appears to be one of hurted ego.

There is nothing wrong if Dr.Bimal Patel searched
the student.

There is everything wrong when the student produced a
pack of cigarettes.

I am not aware about laws.But morals cannot support
the student.
kianganz 23 Apr 2013, 04:10
+5 -1
We tried to balance several concerns in the reporting of this story.

For one, in order to protect the parties involved, we didn't mention the identity of the students involved, or the alleged remark by Dr Patel, because it related to the students' surname and caste.

The remark itself, and whether it amounted to an offence, is arguably open to interpretation and would have been unclear had we reproduced it in isolation.

Aside from the contentious facts of the case, the story was worth reporting for the fact that students have filed an FIR against the VC, as well as highlighting the apparent policy of frisking students for possession of substances that are otherwise legal.

Re #12 above, we reported on the HC deciding against the detained students ( http://www.legallyindia.com/201302243464/Law-schools/gnlu-wins-goodness-detained-appeal ) but we were not aware of the SC having rejected their appeal. Do you have any links on that?

Best wishes,
Kian
Disagree - poor reporting 23 Apr 2013, 09:08
+3 -1
Kian,

As the editor, you have the choice to censor - but it is at the cost of losing your reputation as an independent and fair journalist.

Disclosing what caste based comments were made would make the story newsworthy - it makes no sense to say that disclosing the surnname / caste would be detrimental. Are you saying your team is not intelligent enough to describe what objectionable and caste-based things the VC had allegedly said? Please update us - label it as an "allegation" if you prefer.

Thanks.
GYI 24 Apr 2013, 09:08
+4 -2
To all my friends who had earlier commented on this post, i would like to respond only on the issue pertaining to the possession of cigarette in the student’s possession within the institution premises. In today’s world smoking is something which has become very common. Students gets accustomed to this habit for a variety of reasons, which is not the point of concern here. What needs to be addressed is that SMOKING is prohibited not only within the institutional premises but also in the surrounding area. A violation is penalized with fine in some situations. Now in the given case, authorities within the institutional premises have found in the student’s possession a pack of cigarettes. Now, it should be reiterated that mere possession of prohibited substances within the institution can be taken cognizance of when the university rules prohibits consuming certain substances. Whether the student smokes or not becomes immaterial. For example, a student is found in possession of a liquor bottle which is also prohibited. Applying the same logic shouldn’t be he punished irrespective of whether he has consumed it or not??
But, the same conduct cannot be questioned outside the university as every institutions gives due respect to the students’ private life even when institutions realize that smoking as a habit is hazardous to none but the students’ life only. What has become apparent in this case is that at least his institution bothers to check the prevalence of this habit amongst students... to which the institution and its authorities have a moral obligation not only against the students who smoke...but also to ensure that the majority non-smoking students do not get used to this habit...Concern should not be against students who smoke deliberately knowing the ill effects of the habit...but rather to protect those students who shall become vulnerable to this habit...