The Supreme Court on Friday strongly disapproved of the directions issued by Bar Council of India (BCI) Chairperson Manan Kumar Mishra to halt the enrolment of NALSAR University of Law students over their protest campaign concerning Chief Justice of India Surya Kant’s participation in the university’s convocation.

The directions were subsequently withdrawn.

Chief Justice Surya Kant questioned the BCI’s intervention, stressing that students have the right to peacefully express their views.

“BCI is unnecessarily taking action. If the students have a cause to protest, they have the right to protest,” the CJI observed, adding that the matter was essentially a dialogue between the students and the Chief Justice and that there was no reason for the Bar Council to intervene.

The CJI further said that peaceful student protests should not invite punitive action, even if the views expressed by students are considered incorrect.

“So long as they are lawfully and peacefully raising a voice, they must be heard. Why should the Bar Council or any other body interfere?” he said.

Recalling his own student days, CJI Surya Kant said he had also participated in student activities and emphasised that young people should be allowed to voice their concerns peacefully.

The observations came after Senior Advocate K Parameshwar orally mentioned a writ petition challenging the BCI Chairperson’s directions. Although the directions had since been withdrawn, Parameshwar submitted that the issue continued to raise concerns regarding the functioning of the BCI.

He pointed out that there was no indication that the BCI had convened or passed a resolution authorising the action. He also referred to opposition to the move from a BCI member from Kerala.

Appearing for the BCI, Advocate Radhika Gautam informed the Bench that the impugned directions had already been withdrawn.

Justice Joymalya Bagchi, who was part of the Bench, questioned whether the BCI had formally convened to take such a decision.

“Was BCI convened to take a resolution like that? We want to know,” Justice Bagchi asked.

The Bench thereafter took the petition on board and passed an interim order restraining the BCI or any Bar Council from taking punitive action against NALSAR students or faculty members in connection with the incidents referred to in the withdrawn letters.

In a significant gesture, the CJI also invited the NALSAR students to enrol with the Supreme Court Bar.

“You tell the students, get the licence at the earliest. Join the Supreme Court Bar. We will empanel them for legal aid cases, and let them do legal aid,” CJI Surya Kant said.

He added that allowing the students to pursue their legal careers would be a “befitting answer” to those who had attempted to create impediments in their professional journey.