Delhi High Court Stays Proceedings Against Glocal University in Fake Degree Racket
Court finds investigation notice to be a fishing inquiry beyond statutory scope, protecting university's privacy rights.
In a significant legal development, the Delhi High Court has granted an interim stay on proceedings against Glocal University in a case involving allegations of a fake degree racket. The court, presided by Justice Arun Monga, found the investigation notice issued to the university to be a "roving and fishing inquiry" that extends beyond the permissible scope defined under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The legal battle began when an FIR was registered at the Police Station Crime Branch, Delhi under various sections of the BNSS, accusing the university of issuing fabricated degrees. Glocal University, however, has consistently asserted its non-involvement in any wrongdoing. The notice demanded extensive operational information from the university, including sensitive personal and professional data of its officials and students, raising significant privacy concerns.
The university's legal representatives argued that the notice infringes upon fundamental privacy rights and poses a risk of data breaches, potentially harming students' careers. They further contended that the inquiry sought information unrelated to the allegations, thus warranting judicial intervention.
The court, upon hearing the arguments, observed that two FIRs had been registered on the same allegations - one in Saharanpur and the other in Delhi. The Saharanpur FIR had been lodged following an order by the Additional Chief Judicial Magistrate due to prior police inaction. The Delhi FIR, which was registered subsequently, led to the contested notice.
In light of these developments, Justice Monga issued an interim stay on further proceedings related to the Delhi FIR, pending the next hearing scheduled for December 2, 2025. The court's decision underscores the judiciary's role in safeguarding privacy rights against excessive investigatory measures.
The case has attracted considerable attention due to the implications it holds for privacy rights and the conduct of investigations under the newly enacted BNSS. The legal fraternity awaits further developments as the case progresses.
Bottom Line:
Proceedings of FIR related to fake degree racket stayed. Impugned notice seeking wide-ranging information from the university found to constitute a roving and fishing inquiry beyond the scope of Section 94 of BNSS, 2023.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 318(4), 336, 337, 338, 339, 340, 61(2); Information Technology Act, 2008 Sections 66C, 66D
Glocal University v. State (Govt. of NCT of Delhi), (Delhi) : Law Finder Doc Id # 2785646
