COURT ON ITS OWN MOTION Vs. STATE OF H.P.

JUDGEMENT

(1.) This case has been taken by the Court exercising its suo motu powers under Sections 397 and 401 of the Code of Criminal Procedure. The case pertains to the death of Aman Kachroo who is reported to have been ragged to death by respondents No.2 to 5 who are accused in this case in FIR No.68/09, registered with the Police Station, Kangra on 8.3.2009 1 and are facing trial for offences under Sections 302, 342, 506, 323 read with Section 34 of the Indian Penal Code.

(2.) The respondents were granted bail by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala on 17.7.2010. The records of the case have been called for by this Court suo motu to ascertain the correctness, legality and propriety of the order.

(3.) Before adverting to the facts which prompted the learned Court below to grant bail, the general genesis of this case may be considered. The Supreme Court had taken notice of the prevailing conditions in Dr.Rajinder Parshad Medical College at Tanda in University of Kerala vs. Council, Principals Colleges, Kerala and Others, (2009)7 SCC 726. The Court had given directions in that case from time to time considering the growing menace of ragging and its traumatic physical and psychological consequences, and constituted a Committee known as Raghvan Committee -. 4. The report of this Committee was submitted to the Supreme Court and accordingly the Court directed a number of recommendations made by it to be followed/implemented. Those were at the All India level, however, referring specially to the College where Aman Kachroo was studying, the Court directed: 7. In the case of freshers admitted to a hostel it shall be the responsibility of the teacher in charge of the group to coordinate with the warden of the hostel and to make surprise visits to the rooms in the hostel where the members of the group are lodged. Freshers shall be lodged in a separate hostel block, wherever possible, and where such facilities are not available, the college/institution shall ensure that seniors access to freshers accommodation is strictly monitored by wardens, security guards and college staff. Ragging takes place mostly in the hostels after the classes are over in the college. A round the clock vigil against ragging in the hostel premises shall be provided. It is necessary that parents/ guardians of freshers assume responsibility for promptly bringing to the notice of the Head of the Institution any instance of ragging. The Chancellor of the Himachal Pradesh University in consultation with the Raghavan Committee shall as a part time measure appoint a Committee to oversee the implementation of directions given in this order. Keeping in mind the seemingly violent history of RPGMC, a detachment of police be posted on the RPGMC campus till such time the Committee is satisfied of the maintenance of discipline on campus. 6. Departmental proceedings shall be initiated against the erstwhile principal of RPGMC, Dr. Suresh Sankhyan to ascertain his role in exacerbating ragging on campus, as well as his suitability as a faculty member and administrator. State of Himachal Pradesh, in its affidavit, has stated that such proceedings have been commenced against Dr. Sankhyan, and that a charge. -sheet is expected to be issued to him presently. - (PP. 732 -733) (emphasis supplied)