Amit Kumar vs Union Of India

REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1425 OF 2025 (@SLP (CRL) NO. 13324 OF 2024)

AMIT KUMAR & ORS. .....APPELLANTS

VERSUS

UNION OF INDIA & ORS. …..RESPONDENTS

J U D G M E N T

Signature Not Verified Digitally signed by CHANDRESH Date: 2025.03.24 12:45:33 IST Reason: J. B. PARDIWALA & R. MAHADEVAN, JJ.

For the convenience of exposition, this judgment is divided into the

following parts:

INDEX

A. FACTUAL MATRIX ........................................................................ 2

B. SUBMISSIONS ON BEHALF OF THE APPELLANTS ............ 24

C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 2, 3, 4 AND 7 RESPECTIVELY ........................................................ 26

D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5 – IIT DELHI........................................................................................ 30

E. ANALYSIS ....................................................................................... 41

i. Scope of Section 174 of the CrPC .................................................. 44

ii. F.I.R. under Section 154 of the CrPC ............................................ 50

F. CONCLUSION ................................................................................ 68

G. NATIONAL TASK FORCE TO ADDRESS THE MENTAL HEALTH CONCERNS OF STUDENTS AND PREVENT THE COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL INSTITUTIONS .............................................................................. 69

SLP(CRL) NO. 13224 OF 2024 Page 1 of 88

1. Leave granted.

2. This appeal arises from the judgment and order passed by the High

Court of Delhi, dated 30.01.2024, in Writ Petition Criminal No. 2945

of 2023 by which the High Court rejected the writ application filed

by the appellants herein declining to issue a writ of mandamus to the

Police for the purpose of registration of a First Information Report

(for short, “F.I.R.”) in connection with the commission of suicide

by two students - sons of the appellant no. 2 and appellant no. 3

herein respectively - while they were studying at the Indian Institute

of Technology, Delhi (for short, “IIT, Delhi”).

A. FACTUAL MATRIX

3. We propose to borrow the facts giving rise to this appeal straight

from the impugned judgment of the High Court. The same reads

thus:

“1. The present petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners with the following prayers:-

"a) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the police authorities or Respondent No. 6 to register appropriate FIRs in the cases involving the

SLP(CRL) NO. 13224 OF 2024 Page 2 of 88 deaths of the sons of Petitioner No. 2 and Petitioner No. 3; and

b) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the investigation of the cases to be done by Respondent No. 6; and

c) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the Respondent No. 6 to conduct a thorough, impartial investigation into the caste based atrocities being committed in the premises of Respondent No. 5; and

d) monitor the investigation of the case; and

e) direct an independent inquiry into caste based atrocities being committed in the premises of Respondent No. 5; and

f) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby commanding the Respondents to ensure strict compliance and implementation of provisions of SC/ST(POA)Act,1989 and rules and regulations under the SC/ST(POA) Rules 1995.

g) pass any other or further orders, as this Hon'b1e Court may deem fit and proper in the circumstances of the present case."

2. In brief the facts of the case are that Complaints dated 26.07.2023 and 09.09.2023 were filed by the petitioners who are the parents of two deceased students of B.Tech (Mathematics and Computing) at Indian Institute of Technology, Delhi, wherein, it was alleged that one student, namely, Ayush Ashna was found dead on 08.07.2023 at his Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel, IIT, New Delhi and another student, namely, Anil Kumar was found dead on 01.09.2023 in his Hostel Room No. EA-18, Ground Floor, Vidhyachal Hostel, IIT, New Delhi. It is alleged in the complaints that they were murdered with the

SLP(CRL) NO. 13224 OF 2024 Page 3 of 88 conspiracy of IIT Faculty members to hide the real facts and both the students have been falsely shown to have committed suicide. It is further alleged in the complaints that both the students belonged to Scheduled Castes and they had informed their parents several times regarding caste discrimination by the faculty/staff of IIT, Delhi and therefore, the petitioners alleged that the faculty members are trying to save the real accused persons and the police officials are also not investigating the matter in a proper manner. In view of the above said complaints, an enquiry was conducted in both the cases.

3. As per the Status Report filed by the Ld. ASC, postmortem of the deceased Ayush Ashna was conducted vide PM No. 1500/23, wherein the cause of death was held to be "asphyxia as a result of hanging due to ligature". During the course of enquiry, statements of father, brother, other relatives and friends of the deceased were recorded in which it was found that the deceased had failed in some of the subjects in the prior semester exams due to which he was under

depression. They further denied any foul play or any suspicion regarding the death of deceased. Father of the deceased, namely, Ramesh Kumar had later given a written complaint in the police station, in which he alleged that his son Ayush Ashna was facing caste based discrimination by his hostel mates and other faculty members during the beginning of his academic year 2019-2020 and he also suspected in the complaint that his son could not have taken such steps and someone might have killed his son with the connivance of faculty members. Therefore, to clarify the facts, the grade reports of Ayush Ashna were collected from IIT and it was found that during the 2nd semester of year 2022-23, he had failed in some of the subjects and got lower grades i.e., Grade F which stands for Very Poor in 5 out of 7 subjects. During further enquiry, several other students of IIT, Delhi who belonged to Scheduled Castes and Scheduled Tribes were also examined, wherein

SLP(CRL) NO. 13224 OF 2024 Page 4 of 88 none of them reported any caste-based discrimination against any of them.

4. In the case of Anil Kumar, postmortem of the deceased was conducted vide PM No. 2048/23 wherein the cause of death was held to be "asphyxia consequent to ante-mortem compression of neck by ligature". During the course of enquiry, statements of the brother, mother, other relatives and friends of the deceased were recorded who stated that due to scoring less marks in exams, deceased was under stress. They further denied any foul play or any suspicion regarding the death of deceased. Brother of the deceased, namely, Amit Kumar had later given a written complaint in the police station, in which he alleged that Anil Kumar was facing caste- based discrimination by his teachers and other faculty members. He also suspected in the complaint that his brother could not have taken such steps and someone might have killed him with the connivance of faculty members and the faculty members are also trying to save the real accused persons. He further alleged in his complaint that there was some kind of bleeding from the ears of the dead body and blood stains were scattered all over the room and thus, the same does not appear to be an incident of suicide.

5. Accordingly, further enquiry was conducted in the case wherein it was found that Anil Kumar had taken admission in IIT Delhi in 2019 vide Entry No. 2019 MT10674 in B.Tech (Mathematics and Computing) and he was allotted Room No. SD-11, Vindhyachal Hostel at the time of admission. During the semester period of 2020-21 and 2022-23, he got low grades in some of the subjects. Deceased Anil Kumar extended his stay at the hostel for the preparation of remaining subjects and completing the course and the same was granted by the relevant department immediately. Subsequently, he was allotted Room No. EA-18, Vindhyachal Hostel. The deceased could not clear some subjects and was residing in hostel on further six months extension. As per the rules, his hostel was to be vacated in June but as he

SLP(CRL) NO. 13224 OF 2024 Page 5 of 88 could not qualify some subjects, he was given extension for six months to clear the exams.

6. On further verification of facts, it was revealed that the deceased passed all the subjects in 1st year but he later failed in two subjects out of seven subjects in 3rd semester. Thereafter, in 4th semester he took only one subject and failed in the same, in the following year (2021-22) he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and finally in 8th semester he failed in two subjects out of six subjects and therefore, he was given an extension to clear all the subjects. Furthermore, Hostel allotment letters were also analyzed and it was found that there was no column revealing the category of the students as to whether she/he belongs to SC/ST/General category in any of the form and only entry number was mentioned in all the forms and thus, no evidence of caste-based discrimination against the deceased was found.”

4. Thus, it appears from the aforesaid that two young boys aspiring to

be engineers were found dead in their respective hostel rooms under

suspicious circumstances. Ayush Ashna was found dead on

08.07.2023 in his hostel room No. WH-02 situated on the 7th Floor,

Udaigiri Hostel, IIT, New Delhi, whereas, Anil Kumar was found

dead on 01.09.2023 in his hostel room No. EA-18 situated on the

Ground Floor of Vindhyanchal Hostel at IIT Delhi.

5. It appears from the materials on record that the father of Ayush

Ashna lodged a complaint with the Dy. Commissioner of Police,

SLP(CRL) NO. 13224 OF 2024 Page 6 of 88 South-West District, New Delhi, dated 21.07.2023, which reads

thus:

“ Seal- OFFICE OF THE DEPUTY COMMISSIONER OF POLICE SOUTH WEST DISTRICT RECEIVED BY: DHARAMPAL SIGNATURE : SD/ Dated:26.07.2023

Dated: 21.07.2023 To The DCP (South West District) Vasant Vihar, New Delhi-l10067

Subject: Complaint against the death of Ayush Ashna s/o Ramesh Kumar, student of 4th year B.Tech.(Mathematics and Computing) IIT, Delhi, Hauz Khas, New Delhi- 110016.

1. The complainant is the unfortunate father of the deceased son Ayush Ashna, student of 4th year B. Tech, (Mathematics and Computing) BT, Delhi residing at his room No. WH-02, Udaigiri Hostel, IIT Delhi-110016 and with heavy heart I am formally filing a complaint regarding the tragic death of my beloved son, Ayush Ashna, on midnight of 8th July, 2023 and I believe there circumstances surrounding his death that warrant a thorough investigation by your esteemed department and my son, Ayush Ashna was a 21 year old student who had a bright future ahead of him. His sudden and unnatural

SLP(CRL) NO. 13224 OF 2024 Page 7 of 88 death has left us devastated and searching for answers.

While I recognize that all of sudden and untimely and unnatural deaths have external causes and I have also reason to believe that there may have been factors contributing to his untimely and unnatural deaths, and I implore you to investigate the matter impartially and thoroughly and I seek a comprehensive investigation into the events leading up to our son's untimely and unnatural death.

2. That my deceased son Ayush Ashna was a brilliant student from his school days, and in his first attempt he had cracked the prestigious JEE-Advanced 2019 exam and on the basis All India Rank in SC Category qualified to be admitted in First year of B. Tech. (Chemical Engineering) in IIT, Delhi in the academic year 2019 as this was proud moment for parents and relatives as their elder son also passed out from IIT, Delhi by completing B. Tech. (Civil Engineering) in the same year.

3. That my deceased son, since beginning of the academic year 2019-20 started facing caste based discrimination by his hostel mates and other faculty members however the complainant advised the deceased son to focus on his study only and over the time the all things will come in order.

4. That my deceased son Ayush Ashna was full of life and he always remained in touch with his mother and his elder brother as both residing in Delhi and with some close relatives who are also residing in Delhi.

5. That my son changed his department from B.Tech (Chemical Engineering) to Department of Mathematics and Computing which clearly demonstrate that my son was doing well in study and might have a bright future ahead.

6. That he had changed his hostel residence from Jwalamukhi Hostel to Udaigiri Hostel after his category was disclosed in a published branch change list. He told

SLP(CRL) NO. 13224 OF 2024 Page 8 of 88 that he noticed a change in his friends behaviour as they grew distant and rarely talked to him.

7. That after COVID-19 restrictions were lifted and all students were allowed back to their respective hostel so as my deceased son Ayush Ashna took, residence in Udaigiri Hostel, IIT Campus, Delhi and was doing well and in his study.

8. That during his final year at B. Tech., he had not performed well in some papers and thereafter he decided to stay in same Hostel for further studies and also registered in a summer course conducted by Mathematics and Computing in this regard.

9. That it is pertinent to mention that, 1st July, 2023 was my deceased son's 20th birthday and was greeted by his mother and brother and other near and dears and on phone he also discussed with his elder brother about further studies and other future prospect.

10. That on 5th July 2023 his elder brother and his mother called on his phone many times but no response was received and at night of 5th July 2023 the elder son and my wife alongwith her brother went to Udaigiri Hostel where the family of the deceased kept at dark for an hour and later on it was disclosed by the IIT Hostel authorities to his family present at hostel on the night of 8/9 July 2023 that the my son was left this material world by hanging himself.

11. That after hearing this tragic and devastating news my elder son and my wife alongwith her brother lost conscious and went into unconscious stage as it was very hard to believe that how my young son of age of 21 years can take such extreme step as he had yesterday celebrated birthday.

12. That as it was so informed, by my wife and my elder son and my brother-in-law present at that time that the deceased son Ayush was found hanging, from his study

SLP(CRL) NO. 13224 OF 2024 Page 9 of 88 desk with his knees resting on a small trolley bag and by looking the body its seems that someone murdered my son and tied rope and wires around his neck which was attached to leg of his of four feet study table, later on some crime team arrived and took some photographs of the crime scene.

13. That was informed by my wife and my elder son and my brother-in-law (mama of deceased Ayush Ashna) it is also pertinent to mention here that by instant appearance of sitting posture of body has been hanged by someone else as there may not be sufficient pressure on neck in sitting posture of person and when height of body is more than 5.8 feet.

14. That the IIT Delhi administration since beginning of the present tragic incident.

15. That it is highly improbable that my son can hang himself from with the table with the height of around four feet as my son was around 5.8 feet tall and weighed around 75-80 kg. as it is also important to mention here that during the periods of last four years with his stay in IIT Delhi not a single person complained against him about anything.

16. That IIT, Delhi as an educational institution, it is of utmost importance to prioritize the well-being of students specially hailed from marginalized society. The loss of my deceased son Ayush Ashna is not just an isolated incident but a reflection of potential systemic deficiencies in the support and resources available to students facing caste based discrimination and harassment I feel compelled to bring the issue to your attention.

17. That Conduct a thorough investigation into the circumstances leading to untimely and unnatural death of my son Ayush Ashna and assess whether any deliberate negligence or oversight contributed to this tragedy.

18. That the biased attitude of IIT Delhi is also neglecting in the conduct of the IIT Delhi administration as on the fateful night, the concerned person IIT Delhi prevented,

SLP(CRL) NO. 13224 OF 2024 Page 10 of 88 the mother, brother and mama (maternal uncle) to follow the ambulance upto the Safdarjung Hospital and confined the aforesaid person into IIT guest house and on 9th July 2023 ambulance booked by the person concerned present at mortuary, Safdarjung Hospital broke down midway and adding insult to injury replacement ambulance arrived without equipped with freezer resultant body decomposed rapidly and according the complainant was forced by circumstances to perform last rites in the honour of departed soul during midnight.

19. That the till date no FIR, has been registered against the person/s responsible for tragic demise of my son Ayush.

20. That, the IIT Delhi administration is in process of suppressing vital information and playing down the tragic demise of my son Ayush and treating it as an another suicide case of due to study stress. And not even considering the possibility of murdering of the student of the marginalized society.

21. That as a grieving parents, we understand that this investigation cannot bring our son back, but we hope that it may shed light on the circumstances surrounding his untimely and unnatural death of my son Ayush and further under the facts and circumstances as explained herein above, you are kindly requested to order for registration of FIR against the person involved in this well planned of our beloved young son Ayush Ashna and thorough and impartial investigation be made into the case against the person responsible for doing such heinous crime.

22. That it is my sincere hope that your esteemed department will take this complaint seriously and act promptly to do justice. By doing so, the esteemed department can demonstrate its commitment to the well- being of its students hailed from marginalized society and create a supportive environment that fosters growth and resilience.

SLP(CRL) NO. 13224 OF 2024 Page 11 of 88 Sd/-

(Ramesh Kumar) Father of deceased son Ayush Ashna R/o Plot No. 26, Lane No. 8, Rameshwaram Colony, Sacred Heart School Bareiily-243122 M. No. 9068401586.”

6. In the same manner, on 09.09.2023, the elder brother of Anil Kumar

lodged a complaint in writing with the Station House Officer,

Kishangarh, New Delhi which reads thus:

“Dated: 09.09.2023 To, Station House Officer Kishangarh, New Delhi Subject: Regarding the fearless murder of my younger brother Anil Kumar, S/o Suresh Kumar - Village Anosa, District Banda, Uttar Pradesh. In connection with the brutal murder due to racial hatred at IIT Delhi, Sir, I, Amit Kumar S/o Suresh Kumar, Village Anosa District Banda, Uttar Pradesh. Date 01.09.2023 in 7:25 I received call from someone who is saying I am professor, Aditya Mittal, who are of you Anil Kumar? I told him I am his elder brother. Then he said that Anil Kumar has committed suicide. After that I received lots of call from different phone numbers.

Between the calls a college security officer named Balram Yadav also Call me (mob no. 9650612090) and told me that Anil Kumar committed suicide. Then around 10:30 PM Mobile No.991632959, 1 got call saying that I am calling from Kishangarh IIT Delhi Anil

SLP(CRL) NO. 13224 OF 2024 Page 12 of 88 Kumar committed suicide come to Delhi. I with my brother Aashis Kumar, brother in law Vimal Kumar, brother in law Vinod Kumar, mother Vidya Devi, wife Sunaina devi left for Delhi.

On Dated 2-9-23 approx 7:30 AM we reached to Delhi. We called the same mobile number of Kishangarh police station and said, we have reached to Delhi but we are not able to find the way to the police station, you come and take us. Police said, you come yourself, we cannot come, we can send you the location. I said I don't understand. But police did not come to us.

After that I called Balram Yadav stating that I don' t know the way to the College, please send someone to pick me up. So they sent two guards who took us to the college guest house and did not give us any information for the next 2 hours. On our continued request, we were taken to Anil Kumar's hostel Vindhyanchal. Where the gate was locked. When we asked the college to open the lock, they said that the key is with the police.

Then someone told that there is a window, it will be visible from there, when I looked through the window, there was a lot of blood on the table and floor in the room. There were some other things lying in the room. We took videos and photos, then after seeing all this I said that my brother was murdered because of caste hatred. This is not suicide, my brother cannot commit suicide. He knew very well the situation at home and the circumstances how were we teaching him. On 27-08-23 I sent Anil Kumar 15,000/- money for buying new mobile phone. On 29-08- 23 he called me and told me that the mobile is working well. Then I asked him, is there anything like that? So he told me that sometimes inappropriate case based words are used by the teacher. Then I called 9971632959, which is SI Dharmendra ji's mobile number, I told him that my brother was murdered, he is not commit suicide. Our family members were deeply shocked by Anil's murder.

SLP(CRL) NO. 13224 OF 2024 Page 13 of 88 SI Dharmendra ji asked me to come Kishangarh police station, I again said, I do not know the way to Kishangarh police station.

Then he said that you have to come here. At around 11:00 a.m., Balram Yadav or some other people brought us to Kishangarh police station. At the police station, SI Dharmendra ji showed the video on mobile and laptop, I watched the video and told SI Dharmendra ji that this was not suicide but murder due to caste hatred. But he did not agree and kept saying again and again that it was suicide not murder. Then he introduced us to SHO Sir. SHO Sir said that his marks were low and he had failed in one subject, due to which he committed suicide. We said, again because of caste hatred Anil was murdered. We have come from his college, professor Simon a madam who was his professor told us that Anil was very good in, studies, his marks never go down, nor can he commit suicide still police officials said it was suicide, not murder. Then we were made, to sign many papers and at around 12:10 pm, the police took us to ACT Yadav Sir of Sarojini Nagar police station, he also told us that Anil Kumar had committed suicide because his number was low then. I told him that 1 had talked to Anil Kumar on 29-08-23, he had told that sometimes, inappropriate case based words are used by the teacher otherwise everything is OK. Sir, he has been murdered. We demand CBI investigation for my brother at approx 12:40 pm police officer take us to Safdarjung hospital. Were got a lot of papers signed at the police station in the hospital. When the media persons tried to talk to us in. the hospital, the police told us that we cannot talk to the media. We kept requesting the police to show the body of Anil Kumar for 2 hours, but the police refused. Then before the post mortem at 2:40 pm they took me, Vinod Kumar and Aashis to see the body. When we saw the body of Anil Kumar, there was red coloured cloth on the neck, we tried to remove the cloth the police or the doctor told us that the cloth could not be removed or nor we touch the body. Anil was murdered because of ruthless caste hatred,

SLP(CRL) NO. 13224 OF 2024 Page 14 of 88 despite our repeated requests for the reason of asking the police did not remove the cloth and said that a video is being made, you can watch it. Blood was coming out from the ears of Anil Kumar and there was a lot of smell from the body, then we came out, after the post mortem we asked the police to show the CCTV camera of the college and Anil Kumar’s room. The police showed the video of 10 or 15 minutes, after that they told us this will take time don't waste time. I. asked the police office to give us the CCTV videos or to record the videos The policeman kept our phones, safe in his car and said that we could not make videos. Then we were taken to Anil Kumar's room. There was a lot of blood and other things lying on the table or floor of the room. Then, I told to the police that how could this much of blood come from hanging. This is a murder committed due to caste hatred. Then we took the body from, the hospital and came to the Banda and after coming to Muktidhaam we opened the body and saw that there was soot on his mouth, hand and foot. We did videos and photos and on 03-09-2023 at 9:45 am Ani’s last rites were performed then I remembered ones when Anil Kumar comes to home in may on vacation. Then he told me that, by the some of the college teacher always used caste indicative word and they said that 'how did you came here, you don't have right to study, this is not for you guys.' I called SI Dharmendra ji three four times, but he did not pick up my call. Then I called later to asking when will the PM report come, he said that it will be received after 15 days, then I said why is it getting so late, he said, this is what happens. Just like my brother Anil Kumar was murdered on the basis of caste hatred. Similarly, something similar happened with Ayush student of the same department. And I have come to my knowledge that SC caste students are treated very badly in IIT Delhi.

I request you Sir that my brother Anil Kumar has been murdered because of Caste Hatred. So register a case against culprits and take legal action. I want justice.

SLP(CRL) NO. 13224 OF 2024 Page 15 of 88 Sd/-

Amit Kumar Applicant Dated 09.09.2023.”

7. The record further reveals that a letter was addressed by an Advocate

named Mahmood Pracha of New Delhi to the Chief Secretary,

Government of National Capital Territory of Delhi on 13.09.2023,

seeking directions to the Delhi Police to register the F.I.R. in

connection with the suspicious deaths of the two students referred to

above. The letter reads thus:

“Dated 13th September 2023 To The Chief Secretary Government of National Capital Region of Delhi Delhi Secretariat, IP Estate, New Delhi -110002

Subject: Request for directions to Delhi Police for registering FIR and effective and proper implementation of provisions of the Criminal Procedure Code and provisions under the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act and Rules made thereunder- Regarding-

Dear Sir, I am constrained to inform you about the caste- based atrocities that were committed on the members of the following families belonging to the Scheduled Caste community due to which they have

SLP(CRL) NO. 13224 OF 2024 Page 16 of 88 lost their sons who were studying at Indian Institute of Technology New Delhi.

The members of both the families have exercised their rights- under Section 15-A(12) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Hereinafter referred to as "SC/ST(POA) ACT" and Rule 4(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (Hereafter referred to as SC/ST (POA) Rules), which provide that the atrocity victims have the right to take assistance from NGOs, social workers or Advocates, and have sought my assistance as an Advocate to pursue their ease as they are facing continuous hardships, and further atrocities, from the erring Government/police officials in the murder of both the victims/deceased namely Mr Anil Kumar s/o late Shri Suresh Kumar resident of Banda District of Uttar Pradesh, and Mr. Ayush Ashna s/o Mr. Ramesh Kumar, resident of Bareilly, U.P. Pursuant to their request for assistance under Section 15-A(12) "SC/ST (POA) Act" and Rule 4(5) "SC/ST (POA) Rules"), I have met the members of both families of the victims/deceased, namely Anil Kumar s/o late Shri Suresh Kumar resident of Banda District of Uttar Pradesh, and Mr. Ayush Ashna s/o Mr. Ramesh Kumar resident of Bareilly, U.P. After the meetings based on the information given to me by them, which clearly shows gross culpability on part of police, teachers, professors, other officials, and some of unknown students in these cases, in helping the accused to escape the lawful punishment, I am compelled to inform you that there has been a flagrant violation/disobedience of most of the mandatory provisions of the SC/ST (POA) Act by various officials.

The brief facts of both the matters are given below which are elaborated in the respective complaints.

SLP(CRL) NO. 13224 OF 2024 Page 17 of 88 a) Mr. Amit Kumar S/O late Shri Suresh Kumar, a resident of Village Anousa, Distt. Banda Uttar Pradesh presently residing at New Delhi has filed a complaint with SHO Kishan Garh New Delhi vide DD No. 71A dated 9th September 2023 and also with the office of Deputy Commissioner of Police (DCP) on 11/09/2023 vide diary No 11416 regarding gruesome and brutal murder of his younger brother, Mr. Anil Kumar, under mysterious circumstances due to caste related atrocities and discrimination committed on 01.09.2023 upon him in the premises of Indian Institute of Technology, Delhi, wherein he was studying. A copy of the said complaint is attached herewith as Annexure-I.

b) Another complaint filed by Mr. Ramesh Kumar, a resident of Rameshwar Colony, Bareilly with the Office of Deputy Commissioner of Police (South West), Vasant Vihar New Delhi on 26.07.2023 vide diary No. 9584 regarding gruesome and brutal murder of his son Mr. Ayush Ashna again tinder mysterious circumstances, due to caste related atrocities committed upon him and caste based discrimination in the premises of IIT, Delhi, who was studying there and residing in Udaigiri Hostel of Indian Institute of Technology, New Delhi. A copy of the said complaint is also attached herewith as Annexure-II.

Needless to say that both the families are devastated by unnatural and mysterious death of victims (deceased persons) and they are running from pillar to posts for the justice so that guilty are punished. However, the Police have not registered any FIR in either case so far.

In this regard, the following submissions are made for your kind perusal and immediate action.

1. That in both the cases, there are serious allegations of gruesome murder of their sons, who were otherwise quite academically brilliant, due to

SLP(CRL) NO. 13224 OF 2024 Page 18 of 88 cast based, atrocities and discrimination in the IIT Delhi.

2. That under the provisions of SC/ST(POA) Act, 1989, it is mandatory to lodge an FIR without any preliminary enquiry or investigation, as mandated under section 18 A of the Act.

3. That Rule 5 of the SC/ST (PoA) Rules, 1995 also provides that every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station, shall, be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing, or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered m a book to be maintained by that police station.

4. That the Hon'ble Supreme Court of India, in Lalita Kumari vs State of UP has held that "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation".

5. That provisions under Section 4(2) of the SC/ST(POA) Act, 1989 provides for certain duties of public servant referred to in sub-section (1) that includes -

a) to read out to an informant the information given orally and reduced to writing by the officer in charge of the police station before taking the signature of the informant.

b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of Act;

c) to furnish a copy of the information so recorded forthwith to the informant;

SLP(CRL) NO. 13224 OF 2024 Page 19 of 88 6. That any violations of the provisions under SC/ST(PoA) Act and dereliction of duty referred to in sub section (2) by a public servant entails penal proceeding against such public servant.

7. That the section 15A of the said Act provides for the statutory duty and responsibility of the State to make arrangements for the protection of various rights of the victims, their dependents as laid down therein, and to ensure the implementation of such rights and entitlements of the victims, and witnesses in accessing the justice.

8. That section 17 of the said Act casts an obligation upon the District Magistrate, or a Sub-Divisional Magistrate, or any Executive Magistrate, or even any Police officer, to declare such an area to be an area prone to atrocities where such atrocities are committed or likely to be committed and take necessary preventive action.

9. That Section 21 provides that the State Government shall take such measures as may be necessary for effective implementation of the Act.

10.That Rule 3 of the SC/ST(PoA) Rules, 1995, provides that State government shall take precautionary and preventive measures with a view to prevent atrocities on the Scheduled Caste and Scheduled Tribes including identification of the area where it has reason to believe that atrocity may take place, constitution of a high power State-level committee, district and divisional level committees, or such number of other committees as it may deem proper and necessary for assisting the Government in implementation of the provisions of the Act, to set- up a vigilance and monitoring committee to suggest effective measures to implement the provisions of the Act, etc.

11.That the provisions of other various Rules under the SC/ST(PoA) Rules, 1995 provide for the

SLP(CRL) NO. 13224 OF 2024 Page 20 of 88 obligations and duties on the State Government such as setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell under Rules 8, Nomination of Nodal Officers under Rule 9 for coordinating the functioning of the District Magistrates, and Superintendent of Police, or other officers authorized by them, investigating officers and: other officers responsible for implementing the provisions of the Act, Measures to be taken by the District Administration under Rule 12, specific responsibility of the state Government under Ruie 14 to make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity, to frame contingency Plan under Rule 15 for implementing the provisions of the Act and notify the same in the: Official Gazette of the State Government, Constitution of State Level high power Vigilance and Monitoring Committee under Rule 16, District level committee under Rule 17 and Sub Divisional Level under Rule 17A, to review the implementation of provisions of the Act, relief and rehabilitation facilities provided to the victims, and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act, etc.

12.That despite the above provisions contained in said SC/ST (PoA) Act, 1989 and Rules made thereunder, and directions issued by Hon'ble Supreme Court of India in Lalita Kumari vs State of UP, police have not yet registered FIR in both the matters in respect of above mentioned complaints cases, and hence flouted all the provisions of the said Act and Rules made thereunder, but also the provisions of Criminal Procedure Code.

In view of the above circumstances, and fact of the above-mentioned cases, you are humbly requested to kindly issue necessary directions to the Police to

SLP(CRL) NO. 13224 OF 2024 Page 21 of 88 lodge FIR in both the cases at tile earliest and provide the copy of the same to the complainants. You are also requested to kindly order for immediate compliance of all the above-named provisions of the SC/ST (POA) Act, 1989 and SC/ST (POA) Rules, 1995 made thereunder by the concerned officials. You are also requested to take immediate action under Section 4 of the SC/ST (POA) Act, 1989 against the concerned police officials of concerned police station namely Kishan Garh, and concerned DCP office of Vasant Vihar for not registering the FIR and deliberately changing the true version given by the, family members of the deceased to help the erring police/government officials, and also action against other officials for not undertaking their duties as per the mandate of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, who have till now disobeyed the above-mentioned mandatory provisions of the SC/ST (POA) Act, 1989.

Thanking you

Mehmood Pracha Advocate C-66, Second Floor Nizamuddin East New Delhi, 110013 Ph. No. 011-41404040”

8. The record reveals that all that was done by the Police was an inquiry

under Section 174 of the Code of Criminal Procedure (for short, “the

CrPC”). At the end of the inquiry, the Police reached the conclusion

that the two students had committed suicide due to depression. In

SLP(CRL) NO. 13224 OF 2024 Page 22 of 88 other words, the Police closed the matter saying that the two students

were unable to cope up with the pressure of their respective studies

and in such circumstances they both committed suicide in their

respective hostel rooms.

9. However, the fact remains that at no point of time the Police thought

fit to register the F.I.R. in accordance with the provisions of Section

154 of the CrPC and carry out the investigation in accordance with

law, more particularly when complaints were lodged - one by the

father and another by the brother of the two students prima facie

disclosing commission of a cognizable offence.

10. In such circumstances referred to above, the appellants herein

preferred a writ petition before the High Court of Delhi and prayed

for issuing a writ of mandamus to the Police to register an F.I.R. and

undertake the investigation.

11. The Delhi High Court declined to entertain the writ petition and

rejected the same.

12. In such circumstances, the appellants are here before this Court with

the present appeal.

SLP(CRL) NO. 13224 OF 2024 Page 23 of 88 B. SUBMISSIONS ON BEHALF OF THE APPELLANTS

13. The appellants in their written submissions have stated thus:

“i. That the present Written Submissions are being filed by the Petitioners in terms of the Order dated 07.01.2024 passed in the present SLP.

ii. That the Petitioners have filed the present SLP against the impugned Order dated 30.01.2024 passed by the Hon’ble High Court of Delhi in Writ Petition (Criminal) No. 2945 of 2023, whereby the Writ Petition filed, inter alia, by the Petitioners for registration of FIRs in respect of the death of two students of the IIT Delhi, i.e. the respective sons of the Petitioners No. 2 and 3, was dismissed.

iii. That despite categorical Complaints (Annexure P-1 @ page 56 of the SLP and Annexure P-2 @ page 63 of the SLP) given by the Petitioners, which disclosed several cognizable offences, the Police had failed to register the FIRs. The Police had merely conducted an eyewash inquiry as part of the inquest proceedings, and had recorded false statements attributed to the Petitioners and their family members (Please refer to Paragraph 10 of the Counter Affidavit, and respective Paragraph Wise Rejoinders filed by the Petitioners) in order to present a case of suicide of the deceased students. It is submitted that the Petitioners No. 1 and 2 had stated in their Complaint itself (Annexure P-2) that they had been asked to sign on several papers without being informed about their nature.

iv. That the Petitioners had filed the Writ Petition before the Hon’ble High Court on account of the extremely biased and prejudicial conduct on part of the concerned Police officials, who had categorically stated that they would not register an FIR under any circumstances, and would be willing to face any consequences (Please refer to Paragraph 13 of the original Writ Petition Annexure P-4 @ page 96 of the SLP). The Petitioners had also,

SLP(CRL) NO. 13224 OF 2024 Page 24 of 88 inter alia, sought a CBI investigation before the Hon’ble High Court, and monitoring of such investigation. As such, in these circumstances, an application under Section 156(3) of the CrPC was not an efficacious remedy for the Petitioners.

v. That it is further submitted that the Hon’ble High Court had failed to appreciate that even if the case of the Police is taken at its face value, and it is assumed that the students died due to suicide, it is still incumbent on the Police to register the FIRs on the Complaints made to it, and investigate the abetment of such possible suicide within the campus of the IIT Delhi.

vi. That it is submitted that the IIT Delhi Administration had failed to put forth its case before the Hon’ble High Court, and has failed to even appear before this Hon’ble Court despite service, to present its version of events, and its stand. There has been no manner of support or assistance by the IIT Delhi Administration for the parents and the family members of the deceased students. It is submitted that such oblivious and disinterested conduct on part of the IIT Delhi Administration, towards a case involving the death of its two students within its campus in a span of less than two months, further strengthens the case of the Petitioners that an investigation is necessary into these deaths.

vii. That it is submitted that the Police has, for the first time before this Hon’ble Court, placed on record the Post Mortem Reports of the deceased students and the purported statements recorded during the inquest proceedings, including those stated to have been given by the Petitioners and their family members. It is submitted that the statements attributed to the Petitioners and their family members are doctored and false, which is besides the fact that the Hon’ble High Court had failed to call for these documents from the Police, and had simply relied upon a concocted Status Report, contents whereof had been categorically rebutted by the Petitioners.

SLP(CRL) NO. 13224 OF 2024 Page 25 of 88 viii. That it is settled law that at the stage of registration of FIR, the Police has to simply consider whether a cognizable offence is made out or not, from the information/complaint. It is submitted that in violation of the settled proposition of law, and in complete derogation of the procedure prescribed by the Code of Criminal Procedure, 1973 (as was then applicable), and Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Police has conducted a detailed inquiry without registering an FIR for the sole purpose of substantiating a predetermined conclusion, i.e., that the deceased students had committed suicide due to academic pressure. It is submitted that the record itself reflects that the deaths of these students require detailed and thorough investigations, which cannot be initiated, let alone concluded, without registration of FIRs.

ix. That hence, it is submitted that this Hon’ble Court may kindly be pleased to issue necessary directions for registration of the FIRs into the deaths of the deceased students, investigation by the Central Bureau of Investigation (CBI), and may kindly be pleased to monitor the investigation.”

C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS.

2, 3, 4 AND 7 RESPECTIVELY

14. The respondent nos. 2, 3, 4 and 7 in their written submissions have

stated thus:

“1. Names of deceased:

(i) Ayush (death on 08.07.2023)

(ii) Anil (death on 01.09.2023)

2. Complaints dated 28.07.2023 & 9.9.2023 were lodged before Police by parents of deceased alleging caste-based discrimination in the hostel and that they have been murdered.

SLP(CRL) NO. 13224 OF 2024 Page 26 of 88 3. Then WP (Crl.) No. 2945 of 2023 was filed before the Hon’ble High Court of Delhi praying for direction to register FIR and an independent inquiry in caste-based atrocities.

4. In view of the above said complaints, it submitted that a fair enquiry was conducted under Section 174 CrPC in both the cases which is as follows:

A. IN CASE OF DECEASED AYUSH ASHNA i. On 8.7.2023: Upon receiving a PCR call regarding suicide of a student in Udayagiri Hostel, IIT Delhi, police officials reached the spot i.e. Room No. WH-02 7th floor, Udayagiri Hostel, IIT, New Delhi.

In the presence of IIT staff, mother, brother of deceased and maternal uncle of deceased, the door of the room which was locked from inside was broken wherein it waw found that Ayush was found hanging.

Post Mortem Report (R-1 @pg. 11-13) : Death is due to asphyxia as a result of hanging due to ligature. However, viscera has been preserved to rule out any concomitant poisoning/intoxication. ii. Annexure R-3 @ pg. 17-42

During the course of enquiry, statements of Father, Brother and other relatives/friends of the deceased was recorded in which it was found that Ayush Ashna had failed in some of the subjects in prior semester exams due to which he was under depression and because of that he might have taken this extreme step. They further denied any foul play or any suspicion regarding the death of Ayush.

a. Ramesh (Father of Ayush): Ayush took this step under depression. He does not have any doubt on death of his son. b. Rahul (Brother of Ayush): I am also IIT Delhi pas out. Ayush was under depression due to failing. The hostel door was broken in front of us.

Ayush had committed suicide on table by plastic rope and extension wire. There is only one way entry and exit to the room

SLP(CRL) NO. 13224 OF 2024 Page 27 of 88 of my brother, which was locked from inside. I do not have any doubt on death of my brother.

c. Sushma (Mother of Ayush): He was not picking calls since morning of 8.7.2023. He was in tension due to failing in one or two subjects, room as broken in front of us, I do not have any doubt on death of my son.

d. Praveen (Professor and in charge SC/ST Cell: since his appointment in SC/ST cell, he never received any complaint of caste based discrimination from Anil and Ayush. e. Geratony Abhishek (student): Both Late Anil Kumar and Ayush were students of my class. I am also studying in extended period and both students were also studying in extended period. He had received one WhatsApp message from Ayush regarding his one semester due. There was no caste based discrimination with the deceased. I also belong to SC caste but there was never any caste based misbehaviour with me and there is no partition on caste basis.

f. Kaushal Verma (student): Being from SC category I have never faced any caste based remarks.

g. Pritish (student): Late Anil and Ayush were also studying in extended period. There is no discrimination on caste basis. I am also from SC and there has never been any misbehaviour.

iii. Annexure R 4@pg. 43

Grade reports of Ayush Ashna were collected from the IIT and it was found that during the 2nd semester period of year 2022-2023, he had failed in some of the subjects and got lower grades (Grade F, in 5 out of 7 subjects which stands for Very Poor.

B. IN CASE OF DECEASED ANIL KUMAR i. It is submitted that on dated 1.9.2023, a PCR call was received regarding suicide of student in Vindhayachal Hostel, IIT Delhi. On reach the spot i.e. Room No. EA -18, Ground Floor, Vindhayachal Hostel, IIT, New Delhi, it was found that the same was locked and smell was coming from inside. Accordingly, in the presence of IIT staff members and the police, the door of the room was broken. Anil was found hanging from the ceiling fan

SLP(CRL) NO. 13224 OF 2024 Page 28 of 88 of his room with the help of bedsheet and towel. The body was in a decomposed state.

Post Mortem Report (R-2@pg 14-16):

“Death is due to asphyxia consequent to ante-mortem compression of neck by ligature”.

Annexure R-3 @pg. 17-42:

Statements of brother Amit, mother, hostel staff and friends were taken who stated that Anil was under depression due to less marks:

a. Amit (brother of Anil): Anil was student of 2019-2023 session, for 2 years he stayed at home. On 30.8.2023, I talked with Anil and he was under depression due to fail and less marks in exams. On 01.09.2023, I got a call from IIT that Anil has hanged himself from a ceiling fan. I have no doubt but enquiry be done.

b. Vidya Devi (Mother of Anil): For 2 years he stayed at home due to lockdown, due to less marks Anil was under depression, enquiry be done.

c. Naveen Kumar (student): Anil was my classmate and his room was near to my room. His position in studies was not good. Anil never complained about caste discrimination, and he always remained alone and did not talk with others. I have never seen or heard any caste-based discrimination. d. Vaibhav Shivrani (student): I am house secretary in Vindhyachal Hostel and my work is to forward the complaint of students and there was never any issue of ST/SC with Anil. e. Anil Nawani (Security Inspector): Guard of Vindhyachal Hostel called on 1.9.2023 that bad smell is coming from room No. EA-18. The window was opened from behind of the room and deceased was seen hanging from fan.

f. Kailash Meena (student of Room No. EA-17): Foul smell was coming and on knocking room no. EA-18 there was no response and just below the door yellow liquid was seen and flies were there, informed the guard.

ii. On 09.09.2023 Amit Kumar (Petitioner/brother of the deceased) gave a written complaint in the police station, alleging caste-

SLP(CRL) NO. 13224 OF 2024 Page 29 of 88 based discrimination by his teachers and other faculty members and murder. He had also alleged that there was some kind of bleeding from ears of the dead body and blood stains were scattered all over the room which cannot be an incident of suicide.

iii. Accordingly, further enquiry was conducted. It was found there was no column revealing the category of the student whether he/she belongs to SC/ST/General category in any of the forms, only entry number was mentioned in all the forms. Annexure R-4 @pg. 44: He failed in two subjects out of seven subjects in IIIrd semester. In IVth semester he took only one subject and he failed in the same. In next year (2021-2022) he did not pass any subject. In VIIth semester he failed in one subject out of six. In VIIIth semester he failed in two subjects out of six subjects. He was given an extension to complete his subjects.

5. In the Hostel allotment letters it was found that there was no column revealing the category of the students as to whether she/he belongs to SC/ST/General category in any of the form.

6. The Hon’ble High Court found that no complaint was ever given by any of the deceased students to the police, SC/ST cell of IIT Delhi or to any of their friends regarding caste-based discrimination and held that mandamus as prayed cannot be issued in the present case.

7. That, during the course of enquiry, the allegations levelled could not be corroborated and nothing came on record to substantiate the same.”

D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5 – IIT DELHI

15. IIT, Delhi in their written submissions have stated thus:

SLP(CRL) NO. 13224 OF 2024 Page 30 of 88 “1. That the present Special Leave Petition has been preferred against impugned Final Order and Judgment dated 30.01.2024 passed by the Hon’ble High Court of Delhi in Writ Petition (Criminal) No. 2945 of 2023, whereby the Hon’ble High Court rightly dismissed the Writ Petition as it was devoid of merits.

2. Briefly stated that both Mr. Anil Kumar and Mr. Ayush Ashna were students of B. Tech in the Indian Institute of Technology, Delhi (hereinafter referred to as “IIT, Delhi”) and that Petitioner no. 1 and Petitioner no. 2 are the brother and mother of Anil Kumar and Petitioner No. 3 is the parent of Ayush Ashna.

3. That Mr. Ayush Ashna was found dead on 08.07.2023 at his Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel, IIT, New Delhi and another student, namely, Mr. Anil Kumar was found dead on 01.09.2023 in his Hostel Room No. EA-18, Ground Floor, Vindhyachal Hostel, IIT, New Delhi.

4. It is pertinent to mention at this juncture that the death of both the students were approximately two months apart and both the deaths cannot be interlinked to each other in any way.

Brief facts surrounding the death of Mr. Ayush Ashna:

5. That on the night of 8th July 2023, at approximately 2300 hrs., Ayush Ashna's mother called the reception of Udaigiri hostel and informed the guard on duty that her son Ayush Ashna, resident of Room No. WH-02, was not answering his phone. She also requested the guard to look for him.

6. Subsequently, the guard went to Room No. WH-02 and found that it was locked from inside. The guard knocked several times, and on not receiving any response, immediately reported the matter to the Security Control room as per protocol. The Security team rushed to the hostel room and knocked, but there was still no response.

SLP(CRL) NO. 13224 OF 2024 Page 31 of 88 7. The Security staff then looked inside the room through the ventilator and saw what appeared to be a non-moving body with the neck rolled to one side, hanged to an inverted study table. The matter was immediately reported to Delhi Police and other IIT Delhi authorities.

IIT Delhi authorities reached the hostel main gate within minutes and almost simultaneously and independently, without having any further contact with the Answering Respondent, the student's mother, brother, and maternal uncle also arrived at the hostel.

8. That while the Hostel warden was speaking with the student's parent/relatives, Delhi police PCR also reached the hostel main gate. The situation was now under the charge of Delhi Police who took over and reported the matter as per law.

9. It is submitted that at this juncture, everyone present, including the family was informed by the Police of the tragedy. The Police took over the scene and initiated their official procedures. When the family requested that they be allowed to go inside the room, the Police said that the Crime Branch was on the way and asked them to wait for the Inquiry Officer (hereinafter referred to as “I.O.”) to arrive at the spot.

10. Thereafter, within another few minutes, the Police team from the Kishangarh Police Station arrived. The police then broke open the room door following due procedure, and in the presence of the family; inside a body was discovered and identified by the family as that of Ayush Ashna.

11. Two doctors from the IIT Delhi hospital confirmed the body to be lifeless. Subsequently, the crime branch also arrived, took charge of the scene, and spoke with the family.

Post suicide information

SLP(CRL) NO. 13224 OF 2024 Page 32 of 88

12. The tragic news was a shock to all present. IIT Delhi personnel provided all possible assistance during this challenging time and faithfully followed all instructions from the Police and Crime Branch. All possible support for the family was ensured, including a medical doctor and a counsellor was provided by IIT Delhi.

13. It is submitted that IIT Delhi is fully committed towards the safety and security of its students. After receiving the telephone call from the student's mother, IIT Delhi security responded and acted as swiftly as possible and informed the Delhi police immediately- all within 30 minutes of the initial telephone call. Delhi police also arrived most promptly within minutes.

14. It is submitted that as per the postmortem report of the deceased Ayush Ashna, the cause of death was held to be asphyxia as a result of hanging due to ligature.

15. Thereafter, an enquiry was conducted to understand the cause of death. During the course of enquiry, statements of father, brother, other relatives and friends of the deceased were recorded in which it was found that the deceased had failed in some of the subjects in the prior semester exams due to which he was under

depression.

16. Consequently, the grade reports of Ayush Ashna were seen and it was found that during the 2nd semester of year 2022-23, he had failed in some of the subjects and got lower grades i.e., Grade F which stands for Very Poor in 5 out of 7 subjects.

17. It is pertinent to mention herein that no complaints regarding any caste-based discrimination have been found and there is no record of any complaint being received from the deceased or any of his family members since 2019-2020 by the College authorities. It is further pertinent to note that during the enquiry, the relatives of the deceased denied any foul play or suspicion regarding the death of the deceased.

SLP(CRL) NO. 13224 OF 2024 Page 33 of 88 18. Thereafter, father of the deceased, namely, Ramesh Kumar gave a written complaint to the police station on 26.07.2023, wherein it was alleged that his son Ayush Ashna was facing caste-based discrimination by his hostel mates and other faculty members during the beginning of his academic year 2019-2020 and he also suspected in the complaint that his son could not have taken such steps and someone might have killed his son with the connivance of faculty members.

19. That IIT Delhi took due consideration to the complaint filed by the deceased student’s father and therefore submitted a point-by-point response dated 14.08.2023 to the representation made by Mr. Ramesh Kumar to clarify his doubts regarding his Complaints surrounding his son’s death.

Brief facts of case surrounding the death of Mr. Anil Kumar:

20. It is submitted that Anil Kumar had taken admission in IIT Delhi in 2019 in B.Tech, Mathematics and Computing and he was allotted Room No. SD-11, Vindhyachal Hostel at the time of admission. During the semester period of 2020-21 and 2022-23, he got low grades in some of the subjects.

21. That the deceased Anil Kumar extended his stay at the hostel for the preparation of remaining subjects and completing the course and the same was granted by the relevant department immediately. Subsequently, he was allotted Room No. EA-18, Vindhyachal Hostel.

22. It is submitted that the deceased could not clear some subjects and was residing in hostel on further six months extension. As per the rules, his hostel was to be vacated in June but as he could not qualify some subjects, he was given extension for six months to clear the exams.

23. It is submitted that the deceased passed all the subjects in 1st year but he later failed in two subjects out

SLP(CRL) NO. 13224 OF 2024 Page 34 of 88 of seven subjects in 3rd semester. Thereafter, in 4th semester he took only one subject and failed in the same, in the following year (2021-22) he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and finally in 8th semester he failed in two subjects out of six subjects and therefore, he was given an extension to clear all the subjects. Therefore, in toto, the deceased Anil Kumar was failing in two subjects out of seven subjects in 3rd semester, in 4th semester he took only one subject and failed in the same, in the following year he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and in 8th semester he failed in two subjects out of six subjects.

24. It is pertinent to note that the students are nowhere required to reveal the category as to whether the students belong to SC/ST/General category. Hostel allotment letters also prove that there was no column revealing the category of the students in any of the form and only entry number was mentioned in all the forms and thus, no evidence of caste-based discrimination against the deceased was found.

25. That on the evening of 1st September 2023, at around 5pm, a student residing in one of the ground floor wings in Vindhyachal hostel reported a foul smell to the hostel caretaker. Thereafter, it was found that the neighbouring room’s door was locked from inside and glass panes of the grilled window facing the hostel basketball court were also shut with the curtains drawn.

26. Consequently, the warden and security were immediately called, who then reached the hostel. The security unit pried open the window-pane from outside and undrew the curtain. They discovered a hanging body.

Post suicide information

27. The security immediately called the police and the warden informed the Dean Student Affairs. The Dean and Associate Dean reached Vindhyachal hostel within minutes. Three Counsellors were also immediately

SLP(CRL) NO. 13224 OF 2024 Page 35 of 88 called, and arrived within minutes, to talk to other residents of the hostel.

28. By approximately 06:10 PM, the police and fire department personnel arrived at the hostel, followed by Crime branch. The Chief Medical Officer of IIT Delhi was also called, who immediately arrived at the hostel. The police then took over the proceedings, the ACP arrived at approximately 07:10 PM and their fire personnel broke the door open at approximately 07:15 PM. The body was identified as that of student Anil Kumar residing in the room as per records.

29. Immediately, upon identification of the body, IIT Delhi officials tried contacting the mobile numbers of family, provided as per the student records. By approximately 1930 hrs., Mr. Amit Kumar, elder brother of the student, could be contacted on the phone. He was informed of the tragic loss and was requested to reach IIT Delhi at the earliest possible. Mr. Amit Kumar informed that they had lost their father a few months ago, and at the present time the whole family was in their village 600- 700 Km away from Delhi. They will try to reach by the morning of 2nd Sept. 2023.

30. Thereafter, Director, Dy. Director Operations, Registrar, Dy. Registrar Student Affairs also reached the hostel. An ambulance was called and the police took custody of the body at approximately 2050 hrs. for transporting to the Safdarjung hospital mortuary.

31. Thereafter, postmortem of the deceased was conducted vide PM No. 2048/23, wherein the cause of death was held to be “asphyxia consequent to ante- mortem compression of neck by ligature”.

32. It is submitted that Mr. Amit Kumar, along with his family, reached IIT Delhi faculty guest house by approximately 0730 hrs. on the morning of 2nd Sept. 2023. Warden, SC/ST Liaison Officer, former SC/ST advisor, Head Counsellor, Director, Dean, Associate Dean met with the family. On their request, family were

SLP(CRL) NO. 13224 OF 2024 Page 36 of 88 taken to Vindhyachal hostel to look at the student's room from outside.

33. During the course of enquiry, statements of the brother, mother, other relatives and friends of the deceased were recorded who stated that due to scoring less marks in exams, deceased was under stress.

34. It is pertinent to mention herein that the family and relatives of deceased further denied any foul play or any suspicion regarding the death of the deceased.

35. Academically, Anil Kumar had finished a little less than 50% of the 150 credits required for the award of a BTech degree. He was identified as a student who was underperforming academically. His advisor reached out to him; unfortunately, a meeting did not materialize.

36. Outside of academics, he had not approached the counselling unit for any assistance. In the first week of June 2023, he had informed the hostel caretaker, while beginning his extended hostel stay, that he had lost his father. Below is the hostel residence history of Mr. Anil Kumar (2019MT10674) as per records:

(i) Pre-pandemic: Resident of Vindhyachal hostel from 15th July 2019 till vacating due to pandemic.

(ii) Post-pandemic: Resident of Vindhyachal hostel from 19th April 2022 till current date. After completion of applicable tenure of 8 semesters, the student requested extension of stay for completion of remaining credits on 1st June 2023 (extension request form was duly recommended and forwarded by Course Advisor and Head of Department of Mathematics). Extension of stay was granted as per rules, either till end of 1st Sem 2023-24 or 26th Dec.

2023 (whichever is earlier), on 2nd June 2023.

37. It was only on 09.09.2023, that Mr. Amit Kumar (brother of Anil Kumar) gave a written Complaint in the Police station, wherein he alleged that Anil Kumar was facing caste-based discrimination by his teachers and other faculty members. It is pertinent to bring to the

SLP(CRL) NO. 13224 OF 2024 Page 37 of 88 notice of this Hon’ble Court that this is the first time any such Complaint of caste-based discrimination was being heard of from the deceased or his family.

Submissions:

38. That it is the policy of the institution that before the start of every semester, students who have previously underperformed academically are identified. Then they are advised to take a slower pace academic program to avoid overburdening. Their respective faculty advisors are notified as to their deteriorating academic performance and are asked to contact their advisees for any help with the scholastic pursuits. Thereafter, the faculty advisors contact the students, and on a regular basis continue to contact, to discuss any issues that they might have with respect to their course and graduation plans.

39. During the time relevant for the present case, the same procedure was followed and about 10% of students were recommended for counselling sessions through this intervention, and a handful of students were identified as requiring language support.

40. It is submitted that the institution takes every complaint regarding caste-based discrimination with utmost seriousness and the apprehensions of the parents of the deceased were also duly considered. In this regard, a thorough enquiry was conducted wherein statements of family and friends of the deceased were recorded and several other students of IIT, Delhi who belonged to Scheduled Castes and Scheduled Tribes were also examined. During this enquiry, not even a single assertion cropped up which suggested that the deceased students were murdered in the campus and as a matter of fact, none of those students had ever reported any caste- based discrimination either by any faculty members or anybody else within the institution.

SLP(CRL) NO. 13224 OF 2024 Page 38 of 88 41. It is also pertinent to mention herein that no complaint was ever given by either of the deceased students to the Police or to the SC/ST Cell of IIT, Delhi regarding any caste-based discrimination. Moreover, in order to mitigate the possibility of bigotry and discrimination amongst the students, it is the policy of the institution that no person, except the Dean of Academics, is aware about the category to which any student belongs and all students are treated equally in the campus by all the staff members. It is further submitted that the students are not required to disclose their castes in any other forms filled by them during their time at IIT Delhi.

42. That in order to bring forth the actual facts of the death of the deceased students, a detailed enquiry was conducted, wherein all relevant materials were collected and subjected to rigorous scrutiny. In the absence of any specific allegation or even an iota of evidence in the enquiry suggesting any caste-based discrimination in the present case or that the deceased committed suicide for any reason other than weary academic load, it is humbly submitted that there are no grounds for either registration of FIR or directing CBI to investigate the matter in the present case and the same deserves to be dismissed.

43. It is submitted that IIT Delhi is fully committed to the physical and mental well-being of all the students, including those belonging to marginalized groups. It is the top priority of the answering respondents to eradicate caste-based discrimination and/or any form of harassment from the academic pursuits of its students. IIT Delhi makes conscious efforts to encourage, counsel and motivate the students.

44. IIT Delhi has a zero-tolerance policy for any discrimination inflicted by any person in the campus and stringent steps are taken to expunge such possibilities. The institution ensures that any systemic deficiencies that can be identified are immediately addressed.

SLP(CRL) NO. 13224 OF 2024 Page 39 of 88 45. It is submitted that in order to aid the scholastic journey of the students at IIT Delhi, each undergraduate student in the Institution is allotted a faculty advisor. This information is constantly reflected on the institute academics portal, which is routinely accessed by each student for various purposes, including fees payment and registration for courses. The advisors are also informed of their advisees on their respective academics’ portal. Advisees can meet their advisor at any time to discuss their issues.

46. Further, a Board of Student Welfare (BSW) has also been established at the Institute which assists in ensuring student wellness and addressing mental health issues. In addition to being led by an elected student General Secretary, this board is also mentored by several faculty members, with the Associate Dean Student Welfare (ADSW) serving as the President of the Board. BSW reaches out to students and regularly encourages them to come forward with any issue that they may face during their time at IIT Delhi.

47. Additionally, the Institution operates a separate Counselling Unit to aid mental tonicity of the students. Currently, there are three female and one male counsellors in this Unit from diverse backgrounds. Two counsellors (one female and one male) reside on campus and are available 24x7 on call. Four (04) more permanent counsellor positions have also been advertised and the hiring process is underway. Services of an online counselling portal (Your Dost) are also made available to all students 24x7.

48. The Institution also ensures that at least one contractual psychiatrist remains physically available in the hospital at the campus from 0800- 2000 hrs. Mon-Fri and on-call for emergencies on weekends. The process of hiring a permanent psychiatrist for the hospital is also underway.

49. In addition to the above steps, the following support systems are also operational at the Institute level to

SLP(CRL) NO. 13224 OF 2024 Page 40 of 88 promptly address the concerns of students and provide efficacious remedy to their problems:

* ICC (Internal Complaints Committee) * Grievance Redressal Committee * Student Grievance web portal * IGES (Initiative for Gender Equity and Sensitization) * Office of Diversity & inclusion headed by a Dean * SC/ST Cell

50. It is submitted that IIT Delhi is also in the process of setting up a Central Attendance monitoring system for all students, with special attention on the underperforming students.

51. It is submitted that IIT Delhi aims at providing a comfortable and a safe environment for its students and emotions of their parents. In the case at hand as well, the Answering Respondents have fully cooperated with the Police, parents and have even conducted internal inquiry to verify the claims of the Petitioners.

52. However, in both the inquiries conducted by the Answering Respondents as well as the Police, no cognizable offence has been made out.”

E. ANALYSIS

16. Having heard the learned counsel appearing for the parties and

having gone through the materials on record, the only question that

falls for our consideration is whether the High Court committed any

error in passing the impugned judgment and order.

17. It is not in dispute that the Police for some reason or the other

declined to register an F.I.R. on the ground that no one could be said

SLP(CRL) NO. 13224 OF 2024 Page 41 of 88 to have abetted the commission of suicide. All that the Police did in

the course of the inquiry under Section 174 of the CrPC was to record

the statements of other students belonging to SC/ST category

studying in IIT Delhi, who stated that there was no caste-based

discrimination in the hostel.

18. The High Court while rejecting the writ petition observed thus:

“14. Perusal of the Status Report filed by the Ld. ASG for the State shows that a thorough and detailed enquiry was conducted into both the cases and it was found that no complaint was ever given by any of the deceased students to the police, SC/ST Cell IIT Delhi or to any of their friends in Campus regarding any caste based discrimination being faced by them. Moreover, statements of family and friends of the deceased were recorded and several other students of IIT, Delhi who belonged to Scheduled Castes and Scheduled Tribes were also examined and none of them reported any caste-based discrimination taking place in the IIT Campus, Delhi. The allegations levelled by the petitioners, therefore, could not be corroborated and nothing came on record to substantiate the same.

15. Undoubtedly, the academic career of two brilliant and young students came to an end under devastating circumstances and one cannot even fathom the challenges and emotions which the parents of the deceased must be facing every day. This Court can understand the sentiments of the parents of the deceased and deeply discourages the growing trend of pressurising young minds to perform the best in every aspect of life leading them to take unfortunate steps. It is high time that the faculty as well as other staff members of Indian Institute of Technology make conscious efforts and take

SLP(CRL) NO. 13224 OF 2024 Page 42 of 88 endeavours to counsel, encourage, motivate and invigorate the students. It is of utmost priority to make the young minds understand that scoring good marks and performing your best is important but it is not the most important thing in life and one can certainly give his/ her best without succumbing to the pressures or stress of performing better. The most significant way of instilling this into young minds who face challenges everyday in the professional and competitive environment of colleges is by teaching them in the very same campus where they spend years of their students life the values of prioritizing their health be it physical or mental which will also give them the confidence to face every challenge in life.

16. Taking into consideration the totality of facts and-

circumstances of this case, this Court is of the view that a mandamus cannot be issued in a routine manner merely on the basis of sympathy or sentiments, accordingly, the present petition along with pending applications, if any is dismissed being devoid of any merits.” (Emphasis supplied)

19. This litigation is an eye-opener not just for the police but also for the

parents whose children are studying in different educational

institutions, more particularly those students residing in a hostel far

from their respective homes, and also the management of the

educational institutions across the country.

20. The pivotal question that falls for our consideration is whether the

Police was justified in closing the matter upon conclusion of the

inquiry under Section 174 of the CrPC? In other words, whether

SLP(CRL) NO. 13224 OF 2024 Page 43 of 88 recourse to inquest proceedings under Section 174 of the CrPC

obviates the requirement of registration of F.I.R.? To put it in a still

lucid manner, whether an inquest report discovering the cause of

death would be good enough to close the matter without registration

of an F.I.R.?

i. Scope of Section 174 of the CrPC

21. Section 174 of the CrPC reads as under:

“Section 174. Police to enquire and report on suicide, etc.

1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.

SLP(CRL) NO. 13224 OF 2024 Page 44 of 88 (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate. (3)When-

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub- divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.”

22. The proceedings under Section 174 of the CrPC should be kept more

distinct from the proceedings taken on the complaint. Investigation

under Section 174 is limited in scope and is confined to the

SLP(CRL) NO. 13224 OF 2024 Page 45 of 88 ascertainment of the apparent cause of death and should not be

equated with investigation into cognizable offences under Sections

160 and 161 of the CrPC respectively. The procedure under Section

174 of the CrPC is for the purpose of discovering the cause of death

and the evidence taken is very short. Sub-section (4) of Section 174

empowers any District Magistrate, Sub-Divisional Magistrate or any

other Executive Magistrate specially empowered in this behalf by

the State Government or the District Magistrate to hold inquest. The

inquest held by the magistrate under Section 174 is distinct from an

inquiry under Section 202.

23. The inquest proceedings are concerned with discovering whether in

a given case the death was accidental, suicidal, homicidal, or caused

by an animal and in what manner or by what weapon or instrument

the injuries on the body appear to have been inflicted, therefore, the

evidence taken is very short. (See: Chaman Lal v. Emperor, AIR

1940 Lah 210, at 214)

24. The investigations conducted under Sections 154 and 174 of the

CrPC respectively are distinct in nature and purpose. A study of

Chapter XII of the CrPC reveals that these two provisions cater to

different procedural objectives. The former begins with information

SLP(CRL) NO. 13224 OF 2024 Page 46 of 88 about the commission of a cognizable offence referred to in Section

154(1), culminating in registration of F.I.R. and ending with filing

of a chargesheet/challan before the competent court under Section

173 or a final report as the case may be. This procedure to be

undertaken for initiating an investigation into a cognizable offence

has been explained by this Court in Ashok Kumar Todi v. Kishwar

Jahan, (2011) 3 SCC 758, in the following words:

“48. Under the scheme of the Code, investigation commences with lodgement of information relating to the commission of an offence. If it is a cognizable offence, the officer in charge of the police station, to whom the information is supplied orally has a statutory duty to reduce it to writing and get the signature of the informant. He shall enter the substance of the information, whether given in writing or reduced to writing as aforesaid, in a book prescribed by the State in that behalf. The officer-in-charge has no escape from doing so if the offence mentioned therein is a cognizable offence and whether or not such offence was committed within the limits of that police station.[…]” (Emphasis supplied)

25. Further, the objective of proceedings under Section 154(1) has been

succinctly explained by this Court in Manoj Kumar Sharma v. State

of Chhattisgarh, (2016) 9 SCC 1, as under:

“19. […] Whereas the starting point of the powers of the police was changed from the power of the officer in charge of a police station to investigate into a

SLP(CRL) NO. 13224 OF 2024 Page 47 of 88 cognizable offence without the order of a Magistrate, to the reduction of the first information regarding commission of a cognizable offence, whether received orally or in writing, into writing. As such, the objective of such placement of provisions was clear which was to ensure that the recording of the first information should be the starting point of any investigation by the police. The purpose of registering FIR is to set the machinery of criminal investigation into motion, which culminates with filing of the police report and only after registration of FIR, beginning of investigation in a case, collection of evidence during investigation and formation of the final opinion is the sequence which results in filing of a report under Section 173 of the Code. […]” (Emphasis supplied)

26. In contrast, an investigation under Section 174 of the CrPC focuses

on ascertaining the apparent cause of death in cases of unnatural or

suspicious deaths. This position has been well explained by this

Court in Pedda Narayana v. State of Andhra Pradesh, (1975) 4

SCC 153. The proceeding under Section 174 is limited in scope and

fundamentally distinct from investigations aimed at prosecuting

offences. Inquest proceedings are conducted by the police or a

Magistrate and conclude with the filing of an inquest report before

the Sub-Divisional Magistrate (SDM), District Judge, or Magistrate

as the case may be. The relevant observations are reproduced herein

below:

SLP(CRL) NO. 13224 OF 2024 Page 48 of 88 “11. A perusal of this provision would clearly show that the object of the proceedings under Section 174 is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death. The question regarding the details as to how the deceased was assaulted or who assaulted him or under what circumstances he was assaulted appears to us to be foreign to the ambit and scope of the proceedings under Section 174. In these circumstances, therefore, neither in practice nor in law was it necessary for the police to have mentioned these details in the inquest report. […]” (Emphasis supplied)

27. The investigation after registration of F.I.R. under Section 154 of the

CrPC is an investigation into an offence. In contrast, the

investigation under Section 174 of the CrPC is an investigation or an

“inquiry” into the apparent cause of death.

28. The marginal note attached to Section 174 of the CrPC reads “Police

to inquire and report on suicide, etc.” This is self-explanatory as to

the scope of the provision. Sections 174 to 176 of the CrPC only

contemplate inquiry into the cause of death. Although the phrase

‘investigation’ is used in Section 174 of the CrPC, yet it is only an

investigation in the nature of an inquiry. Sometimes, during the

inquest, the police record the presence of witnesses who are also

witnesses in the case. These statements are not meant as substitutes

SLP(CRL) NO. 13224 OF 2024 Page 49 of 88 for statements under Section 161 of the CrPC. The inquest

requirement under Section 174 does use the word investigation but

if one considers the entire phraseology of Section 174 of the CrPC,

one comes to the conclusion that the word investigation in Section

174 is not an investigation to find out who are the offenders. It is

only to enable the police to come up with the “apparent cause of

death”. This phrase in Section 174 should give us the clue as to the

correct understanding of the role of the police in inquest panchnama.

ii. F.I.R. under Section 154 of the CrPC

29. Section 154 of the CrPC lays down the procedure for the registration

of a First Information Report in cases of cognizable offenses. The

relevant portion of the provision is reproduced hereunder:

“154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf […]”

30. The object and purpose of filing an F.I.R. has been explained by this

Court in Sheikh Hasib Alias Tabarak v. State of Bihar, (1972) 4

SLP(CRL) NO. 13224 OF 2024 Page 50 of 88 SCC 773, observing that the main purpose of the F.I.R. is to initiate

the criminal justice process and to gather information about the

alleged crime, enabling them to take appropriate actions to identify

and apprehend the offender. The Court held:

“4…The principal object of the first information report from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party. The first information report, we may point out, does not constitute substantive evidence though its importance as conveying the earliest information regarding the occurrence cannot be doubted. It can, however, only be used as a previous statement for the purpose of either corroborating its maker under Section 157 of the Indian Evidence Act or for contradicting him under Section 145 of that Act. It cannot be used for the purpose of corroborating or contradicting other witnesses.” (Emphasis supplied)

31. In Thulia Kali v. State of T.N., (1972) 3 SCC 393, this Court

elucidated the impact of delay in registration of F.I.R. The Court held

as follows:

“12. … First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the above report can hardly be overestimated from the standpoint of the accused. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to

SLP(CRL) NO. 13224 OF 2024 Page 51 of 88 obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eyewitnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay, the report not only gets bereft of the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account or concocted” (Emphasis supplied)

32. The point of law on mandatory registration, as interpreted from

Section 154 of the CrPC, has been elaborated by this Court in State

of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Upon thorough

examination of the mandatory implications of Section 154 of the

CrPC, this Court arrived at the following finding in paragraphs 31

and 32 of the judgment:

“31. At the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of Section 154(1) of the Code, the police officer concerned cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157. (As we have proposed to make a

SLP(CRL) NO. 13224 OF 2024 Page 52 of 88 detailed discussion about the power of a police officer in the field of investigation of a cognizable offence within the ambit of Sections 156 and 157 of the Code in the ensuing part of this judgment, we do not propose to deal with those sections in extenso in the present context.) In case, an officer in charge of a police station refuses to exercise the jurisdiction vested in him and to register a case on the information of a cognizable offence reported and thereby violates the statutory duty cast upon him, the person aggrieved by such refusal can send the substance of the information in writing and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by sub-section (3) of Section 154 of the Code.

32. Be it noted that in Section 154(1) of the Code, the legislature in its collective wisdom has carefully and cautiously used the expression ‘information’ without qualifying the same as in Section 41(1)(a) or (g) of the Code wherein the expressions, ‘reasonable complaint’ and ‘credible information’ are used. Evidently, the non-

qualification of the word ‘information’ in Section 154(1) unlike in Section 41(1)(a) and (g) of the Code may be for the reason that the police officer should not refuse to record an information relating to the commission of a cognizable offence and to register a case thereon on the ground that he is not satisfied with the reasonableness or credibility of the information. In other words, ‘reasonableness’ or ‘credibility’ of the said information is not a condition precedent for registration of a case. A comparison of the present Section 154 with those of the earlier Codes will indicate that the legislature had purposely thought it fit to employ only the word ‘information’ without qualifying the said word. Section 139 of the Code of Criminal Procedure of 1861 (Act 25 of 1861) passed by the Legislative Council of India read that ‘every complaint or information’ preferred to an

SLP(CRL) NO. 13224 OF 2024 Page 53 of 88 officer in charge of a police station should be reduced into writing which provision was subsequently modified by Section 112 of the Code of 1872 (Act 10 of 1872) which thereafter read that ‘every complaint’ preferred to an officer in charge of a police station shall be reduced in writing. The word ‘complaint’ which occurred in previous two Codes of 1861 and 1872 was deleted and in that place the word ‘information’ was used in the Codes of 1882 and 1898 which word is now used in Sections 154, 155, 157 and 190(c) of the present Code of 1973 (Act 2 of 1974). An overall reading of all the Codes makes it clear that the condition which is sine qua non for recording a first information report is that there must be an information and that information must disclose a cognizable offence.

33. It is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information.” (Emphasis supplied)

33. In Lalita Kumari v. Government of U.P., (2014) 2 SCC 1, a five-

Judge Bench of this Court affirmed the requirement for the

mandatory registration of an F.I.R. under Section 154 of the CrPC.

The Court ruled that, once the information provided discloses the

commission of a cognizable offence, it is imperative for the police to

register the F.I.R. without conducting any preliminary inquiry. This

judgment reinforces the principle that the registration of an F.I.R. is

SLP(CRL) NO. 13224 OF 2024 Page 54 of 88 a duty that must be carried out promptly upon the receipt of credible

information regarding a cognizable crime. The relevant paragraphs

are reproduced hereinbelow:

“83. In terms of the language used in Section 154 of the Code, the police is duty-bound to proceed to conduct investigation into a cognizable offence even without receiving information (i.e. FIR) about commission of such an offence, if the officer in charge of the police station otherwise suspects the commission of such an offence. The legislative intent is therefore quite clear i.e. to ensure that every cognizable offence is promptly investigated in accordance with law. This being the legal position, there is no reason that there should be any discretion or option left with the police to register or not to register an FIR when information is given about the commission of a cognizable offence. Every cognizable offence must be investigated promptly in accordance with law and all information provided under Section 154 of the Code about the commission of a cognizable offence must be registered as an FIR so as to initiate an offence. The requirement of Section 154 of the Code is only that the report must disclose the commission of a cognizable offence and that is sufficient to set the investigating machinery into action.” (Emphasis supplied)

34. The foregoing discussion leads us to the inevitable conclusion that

when an informant approaches the police with information regarding

the commission of a cognizable offence, the police owes a duty to

promptly register an F.I.R. and initiate investigation in accordance

with Section 154 of the CrPC. The police authorities are not vested

SLP(CRL) NO. 13224 OF 2024 Page 55 of 88 with any discretion to conduct a preliminary inquiry to assess the

credibility of the information before registering the F.I.R. Any such

practice would be contrary to the established principles of criminal

law.

35. Over a period of time, this Court through its legion of decisions, has

emphasized the necessity of ensuring the prompt registration of

F.I.R. to uphold the rule of law and prevent any undue delay in the

commencement of criminal investigation. Timely registration of an

F.I.R. not only ensures that crucial evidence is preserved but also

serves to protect the rights of victims by setting the criminal justice

process in motion without unnecessary procedural impediments.

36. In the present case, the appellants had approached the territorial

police station on 21.07.2023 and 09.09.2023 respectively for

registration of an F.I.R., alleging foul play and commission of

offence under the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989. The appellant nos. 1 and 2

respectively, further, on 11.09.2023, addressed a detailed letter to the

Deputy Commissioner of Police, South-West, New Delhi for

registration of F.I.R. However, no heed was paid to the fervent

appeal made by the appellants herein.

SLP(CRL) NO. 13224 OF 2024 Page 56 of 88 37. The husband of appellant no. 3 (father of Ayush Ashna) in his

complaint, dated 21.07.2023 addressed to the D.C.P., Vasant Vihar,

New Delhi, had informed the Police that his son, Ayush Ashna, was

facing caste-based harassment from his hostel inmates as well as the

faculty members. He further informed the Police that his son had to

change his hostel owing to his caste category being revealed in the

branch change list. He, therefore, demanded an investigation into his

son’s untimely and unnatural death.

38. Appellant nos. 1 and 2 respectively in their complaint dated

09.09.2023, stated that the death of Anil Kumar was not due to

suicide, but was a result of murder based on caste hatred. They also

informed the Police that Anil Kumar was facing caste-based

discrimination including the use of derogatory caste-based words by

the members of the faculty.

39. There is no doubt that the offence alleged by the appellants in their

respective complaints disclosed commission of cognizable offences.

40. It is altogether a different thing to say that there is no element of truth

in what has been alleged by the appellants in their respective

complaints. It could just be a figment of their imagination. It could

SLP(CRL) NO. 13224 OF 2024 Page 57 of 88 also be just a reflection of their anger towards the management as

two young boys lost their lives. Even if the Police was of the view

that there was no element of truth in what had been alleged by the

appellants, it could have said so only after registering an F.I.R. and

conducting an investigation pursuant thereto. We say so because this

is the law. The Police could not have taken a shortcut just because

something happened in the hostel of an eminent educational

institution like IIT Delhi. It seems that the Police very quickly

jumped to the conclusion that the two boys were in some sort of

depression as they were not doing well in their studies. Such

conclusion of the Police may as well be correct. However, again, at

the cost of repetition, we say that such a conclusion could have been

arrived at only after following the due process of law, i.e.,

registration of an F.I.R. and investigation. Nobody would have

stopped the Police from filing an appropriate closure report saying

that no case is made out. However, to close the entire matter after

undertaking an investigation under Section 174 of the CrPC is

something which we do not approve of.

41. It is legitimate to argue that the commission of suicide is not a

cognizable offence. A person who commits suicide goes beyond the

SLP(CRL) NO. 13224 OF 2024 Page 58 of 88 cognizance of police. What is cognizable in cases of suicide is the

abetment to commit suicide. Therefore, the complaint made by the

complainant must disclose abetment of commission of suicide by the

person named therein before an F.I.R. can be registered.

42. Further, the offence alleged to have been committed under Section

3(1)(q) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (“SC/ST (PoA) Act, 1989”) is

a cognizable offence under Section 18 of the said Act. The relevant

provision reads thus:

“18-A. No enquiry or approval required. – (1) For the purposes of this Act,-

i. preliminary enquiry shall not be required for registration of a First Information Report against any person; or ii. the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply.”

43. The aforementioned provision, in the most unambiguous language,

lays down that no preliminary enquiry is required for the registration

of an F.I.R. This leaves no room for the authorities to delve into an

SLP(CRL) NO. 13224 OF 2024 Page 59 of 88 investigation so as to determine the reasons leading to the

commission of suicide by the students when categorical statements

regarding caste-based harassment and discrimination were made in

the complaint. The SC/ST (PoA) Act, 1989 was enacted with the

intent to enlarge the scope of criminal liability by including several

acts or omissions of atrocities that were not covered by the I.P.C. or

the Protection of Civil Liberties Act, 1955 as summed up by this

Court in National Campaign on Dalit Human Rights v. Union of

India, (2017) 2 SCC 432.

44. We also take notice of the following:

“No. 15011/91/2013-SC/ST-W Government of India/Bharat Sarkar Ministry of Home Affairs ***** NDCC - II Building, Jai Singh Road New Delhi Dated the 12th October, 2015

To The Chief Secretaries

SLP(CRL) NO. 13224 OF 2024 Page 60 of 88 All State Governments/UT Administrations

Subject: Advisory on no discrimination in compulsory registration of FIRs-

Regarding

Sir/Madam,

1. Reference is invited to this Ministry’s Advisories dated 10th May 2013 and 5th February 2014 regarding compulsory registration of FIR u/s 154 Cr P.C. (copies enclosed).

2. In these advisories it was made clear that as per section 154(1) of the Cr. P.C. a police officer is duty bound to register a case on the basis of such information disclosing a cognizable offence and FIR has to be registered irrespective of territorial jurisdiction.

3. National Commission for Minorities in its Annual Report 2011-12 has recommended prompt action in registration of FIRs, timely filing of charge sheet and speedy trial to restore the faith of minorities. In this regard, it is pertinent to note that registration of FIR is the first step in the whole process. Therefore all States/UTs must ensure that utmost promptness in registering FIRs is extended to all those who approach the police for registration of FIRs without any discrimination of whatever kind. Once again it is requested to ensure that FIRs get registered in strict compliance to above stated advisories.

SLP(CRL) NO. 13224 OF 2024 Page 61 of 88 4. It is requested to kindly ensure that these instructions are circulated amongst all concerned Departments/ Organizations and others under your jurisdiction for strict compliance.

Yours faithfully Kumar Alok Joint Secretary to the Govt. of India Tel No. 23438100.”

45. We also take notice of the following advisory dated 5.02.2024 issued

by the Ministry of Home Affairs:

“Mo. 15011/91/2013 - SC/ST-W Government of India Ministry of Home Affairs Centre State Division

5th Floor, NDCC-II Building Jai Singh Road, New Delhi Dated the 5th February, 2024 To The Additional Chief Secretary/Principal Secretary (Home Department) Sub:- Compulsory Registration of FIR u/s 154 Cr.P.C. when the information makes out a cognizable offence

SLP(CRL) NO. 13224 OF 2024 Page 62 of 88 Sir/Madam, This is in continuation to the earlier advisory of the Ministry of Home Affairs dated 10-05-2013 regarding the registration of FIR irrespective of territorial jurisdiction and zero FIR.

We had made it clear that as per section 154(1) of the Cr. P.C. a police officer is duty bound to register a case on the basis of such information disclosing a cognizable offence. We had also made it clear that when it becomes apparent that even if the offence has been committed outside the jurisdiction of the police station, zero FIR would still be registered and the FIR would be then transferred to the appropriate police station as per Section 170 of the Cr.P.C.

2. A Constitution Bench of the Supreme Court in W.P, (Cri.) No.68 of 2008 in Lalita Kumar Vs Government of U.P. and others on 12-11-2013 had addressed the issue of mandatory registration of FIRs and had held that registration of FIR either on the basis of the information furnished by the informant when it makes out a cognizable offence u/s 154(1) of the Cr.P.C. or otherwise u/s 157(1) of the Cr. P.C. is obligatory. It also held that reliability, genuineness and credibility of the information are not conditions precedent for registering a case u/s 154 of the Cr. P.C. Since the legislative intent is to ensure that every cognizable offence is promptly investigated in accordance with law, hence there is no discretion or option left with the police to register or not to register an FIR once information of a cognizable offence has been provided. The court was quite perturbed about the burking of crime registration and has concluded that non-

registration of crime leads to dilution of rule of law and thus leads to definite lawlessness in the society, which is detrimental to the society as a whole. It has hence called

SLP(CRL) NO. 13224 OF 2024 Page 63 of 88 for action against erring officers who do not register an FIR if information received by him/her discloses the commission of a cognizable offence. It may be mentioned that Section 166A of Cr.P.C. prescribes a penalty of imprisonment up to two years and also a fine for non- registration of a FIR for an offence described u/s 166A. It may be also mentioned that if after investigation the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR under Chapter XI of the I.P.C.

3. The Supreme Court has provided for some exceptions to the mandatory registration of FIR and for the conduct of preliminary inquiry which are as follows:

(a) If the information received does not disclose the commission of cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant within one week and it must also disclose the reasons in brief for closing the complaint and not proceeding further.

(b) The other categories of cases in which preliminary inquiry may be made are:

(i) Matrimonial disputes/family disputes

(ii) Commercial offences

(iii) Medical negligence cases

(iv) Corruption cases

(v) Cases where there is an abnormal delay in initiating criminal prosecution.

SLP(CRL) NO. 13224 OF 2024 Page 64 of 88 Example: over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay

(vi) The Supreme Court has also insisted that all preliminary inquiries should be completed within 7 days and any delay with the causes should be reflected in the General Diary/Station House Diary/Daily Diary.

4. The Supreme Court has, inter-alia, deprecated the practice of first recording the information in the General Diary and then conducting a preliminary inquiry and thereafter registering the FIR. It has clarified that registration of the FIR is to be done in the FIR Register/Book (in the standard format prescribed) and in addition, the gist or substance of the FIR is to be recorded in the General Diary as mandated in the Police Act or Police Regulations.

5. In addition, to ensure accountability in the functioning of police, the Supreme Court emphasized that all actions of the police should be reduced to writing and documented through entries made in the General Diary of the Police Station.

6. Home Departments of the States/UTs may direct the DGPs/IGPs to issue necessary instructions in the light of the above advisory so that ail police officers are made aware of them and the contents are also incorporated in the training curriculum of the police personnel.

7. The receipt of the same may kindly be acknowledged.”

(S. Suresh Kumar)

SLP(CRL) NO. 13224 OF 2024 Page 65 of 88 Joint Secretary (CS)”

46. The aforesaid advisory makes the following very clear:

i. Registration of an F.I.R. is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

ii. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not.

iii. If the inquiry discloses the commission of a cognizable offence, the F.I.R. must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

iv. The police officer cannot avoid his duty of registering the offence if a cognizable offence is disclosed. Action must be taken against erring officers who do not register an F.I.R. if information received by them discloses a cognizable offence.

SLP(CRL) NO. 13224 OF 2024 Page 66 of 88 v. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

vi. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:

a. Matrimonial disputes/ family disputes

b. Commercial offences

c. Medical negligence cases

d. Corruption cases

e. Cases where there is an abnormal delay in initiating criminal prosecution, for example, over three months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

vii. While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

SLP(CRL) NO. 13224 OF 2024 Page 67 of 88 viii. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of an F.I.R. or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

F. CONCLUSION

47. We are of the view that responsibility of maintaining the safety and

well-being of students rests heavily on the administration of every

educational institution. Therefore, in the event of any unfortunate

incident, such as a suicide occurring on campus, it becomes their

unequivocal duty to promptly lodge an F.I.R. with the appropriate

authorities. Such action is not only a legal obligation but also a moral

imperative to ensure transparency, accountability, and the pursuit of

justice. Simultaneously, it is incumbent upon the police authorities

to act with diligence and responsibility by registering the FIR

without refusal or delay. This ensures that due process of law is

upheld, and a thorough investigation can be conducted to uncover

the truth and address any underlying causes. The harmonious

discharge of these duties by both educational institutions and law

SLP(CRL) NO. 13224 OF 2024 Page 68 of 88 enforcement agencies is essential to prevent the recurrence of such

tragedies and to preserve trust in societal institutions. In a given case,

failure on part of the administration of any educational institution

may be viewed strictly.

48. For all the foregoing reasons we direct the DCP (South-West

District, New Delhi) to register the First Information Report in line

with two respective complaints lodged in writing by the kith and kin

of the two students who committed suicide and depute any

responsible officer, not below the rank of Assistant Commissioner

of Police, to undertake the investigation in accordance with law. We

need not say anything further as investigation of any crime is within

the domain of the police.

G. NATIONAL TASK FORCE TO ADDRESS THE MENTAL HEALTH CONCERNS OF STUDENTS AND PREVENT THE COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL INSTITUTIONS

49. However, we do not intend to close the matter just with a direction

to register the F.I.R. We deem it absolutely necessary to discuss the

disturbing pattern of student suicides being reported from various

educational institutes across the country.

SLP(CRL) NO. 13224 OF 2024 Page 69 of 88 50. On 19th March, 2025, a third-year law student, aged 21 years, at the

Gujarat National Law University (GNLU) was found dead in his

dorm room. The deceased student was a native of Patiala in Punjab.

He had apparently hanged himself from the latch and was found on

the floor.1

51. On 25th February, 2025, a third-year student at the Indian Institute of

Technology, Patna took his life by allegedly jumping from the

seventh floor of his hostel premises situated within the campus itself

allegedly owing to excessive academic pressure.2

52. On 15th February, 2025, a third-year student pursuing a Bachelors in

Technology from Kalinga Institute of Industrial Technology (KIIT)

campus in Bhubaneswar, Odisha, was found hanging from the

ceiling fan in her hostel room on account of alleged sexual

harassment and blackmailing by a fellow student.3

1 Gujarat National Law University student ends life on campus, THE TIMES OF INDIA, March 19, 2025.

2 IIT Patna student dies by ‘suicide’ on campus, THE INDIAN EXPRESS, February 27, 2025.

3 Why suicide of Nepali student at Odisha’s KIIT campus forced Nepal PM to intervene, FIRSTPOST, February 18, 2025.

SLP(CRL) NO. 13224 OF 2024 Page 70 of 88 53. On 18 February, 2024, a second-year student at the College of

Veterinary and Animal Sciences, Wayanad, Kerala, was found

hanging in the bathroom of his hostel, after allegedly being tortured

by his seniors and batchmates days before his death.4

54. What disturbs us even more is that the abovementioned incidents are

not isolated one-off occurrences but are only a few out of the many

which have taken place over a period of time owing to a multitude

of reasons like ragging, academic pressure, caste-based

discrimination, sexual harassment, etc. As per the data provided by

the Union Minister of State for Education to the Rajya Sabha in

2023, 98 students died by suicide in higher educational institutes

since 2018, out of which 39 were from IITs, 25 from NITs, 25 from

central universities, four from IIMs, three from IISERs and two from

IIITs.5

55. Each suicide is a personal tragedy that prematurely takes the life of

an individual and has a continuing ripple effect, affecting the lives

4 Wayanad student suicide: Six arrested for college student’s suicide, THE NEW INDIAN EXPRESS, February 29, 2024.

5 98 students died by suicide in higher educational institutes since 2018: Centre, HINDUSTAN TIMES, July 27, 2023.

SLP(CRL) NO. 13224 OF 2024 Page 71 of 88 of families, friends and communities. According to the 210th Report

of the Law Commission of India, suicide has been identified as one

of the most significant factors contributing to the premature and

unnatural cessation of human life.6 The statistics contained in the

Report of the National Crime Records Bureau (for short, “the

NCRB”) for the year 2021 highlight the grim reality of over 13,000

students having lost their lives by committing suicide in the country

which is almost twice the already disturbing number a decade ago.

The number of student suicides has now surpassed suicides

committed by farmers due to agrarian distress, with a four percent

rise in 2024 alone.7 According to the NCRB Report titled

“Accidental Deaths and Suicides in India, 2022” student suicides

accounted for 7.6% of the total number of suicides committed in

India in 2022 with 1.2% of total suicides attributable to

professional/career problems and 1.2% to failure in examination.

56. In the backdrop of the rising incidence of student suicides on college

campuses and in higher educational institutions, including the Indian

6 Law Commission of India, Report No. 210 on the Humanisation and Decriminalisation of Attempt to Suicide, Para 1.5 (October 2008).

7 More Students Dying by Suicide Than Farmers Reveals Another Deadly Crisis, THE QUINT, October 23, 2024.

SLP(CRL) NO. 13224 OF 2024 Page 72 of 88 Institutes of Technology (IITs), National Institutes of Technology

(NITs) and Indian Institutes of Management (IIMs), we believe that

it is high time we take cognizance of this serious issue and formulate

comprehensive and effective guidelines to address and mitigate the

underlying causes contributing to such distress among students.

57. We believe from our little understanding that the suicide epidemic in

educational institutions can be attributed to a plethora of factors

including but not limited to academic pressure, caste-based

discrimination, financial stress, and sexual harassment, with eminent

institutions like the IITs and NITs reporting high rates linked to exam

failures8.

58. A number of news reports point out that caste-based discrimination

is rampant and pervasive, even in prestigious educational

institutions, aggravating the sense of alienation among students from

marginalised communities. Caste-based discrimination on college

campuses is in clear violation of Article 15 of the Constitution which

inter alia prohibits discrimination on the ground of caste. In response

to a question put up in the Rajya Sabha in 2021, the Ministry of

8 Id.

SLP(CRL) NO. 13224 OF 2024 Page 73 of 88 Education submitted that 60% of the students who dropped-out from

seven reputed IITs belonged to the reserved categories.

59. We are aware that a coordinate Bench of this Court is in seisin of the

issue pertaining to caste-based discrimination in educational

institutions in the case of Abeda Salim Tadvi & Anr. v. Union of

India & Ors., (W.P. (C) No. 1149/2019). Pursuant to the directions

of this Court in the said matter, the University Grants Commission

(for short, “the UGC”) has published the draft University Grants

Commission (Promotion of Equity in Higher Education

Institutions) Regulations, 2025. The avowed object of the said

Regulations is to ensure a safe, inclusive, and equitable learning

environment for all students, faculty members, and staff by

preventing any form of discrimination based on religion, race,

caste, sex, or place of birth within Higher Educational Institutions.

60. The aforesaid draft Regulations published by the UGC also assume

importance as the phenomenon of “othering” of students belonging

to the marginalised communities, whether based on caste, gender or

ethnicity, is being reported with an increasing frequency and it is

only through sensitization of students and the faculty members that

SLP(CRL) NO. 13224 OF 2024 Page 74 of 88 it can be ensured that campuses become safe spaces which are equal

for students coming from the different walks of life.

61. While the steps taken by the UGC pursuant to the directions of this

Court in Abeda Salim Tadvi (supra) are in the right direction

inasmuch as they aim to prevent all forms of on-campus

discrimination, we intend to take a step further towards creating

an institutionalised mechanism for ensuring the mental well-being

of students studying in Higher Educational Institutions so as to

mitigate the instances of commission of suicides by students

owing to discrimination, academic pressure, harassment, or any

other concern affecting the mental well-being of students.

62. Based on a survey conducted by Seena Mary Thankachan, a

researcher at the Pune International Centre, it was reported that 70%

of the faculty members across IITs felt ill-equipped to address mental

health issues, and 90% lacked proper training to support students

with such sensitive concerns.9 Implementing strict anti-

discrimination policies, cultural sensitivity training, and support

groups for marginalised students is crucial to uproot institutional and

9 OPINION: The silent crisis in the IITs, THE WEEK, July 27, 2024.

SLP(CRL) NO. 13224 OF 2024 Page 75 of 88 systemic discrimination against disadvantaged groups which

effectively undermines their full and equal social, economic,

political, and cultural participation in society.10

63. The relentless pressure to perform in a purely score-based education

system, coupled with the extreme competition for limited seats in

premier educational institutions, places a terrifying burden on the

students’ mental health. The inordinate burden on students to work

on multiple projects simultaneously exacerbates academic pressure.

Several students who come from competitive coaching centres bring

pre-existing mental health issues, which get further heightened when

they enter Higher Educational Institutions. Although it is difficult to

eradicate this distress yet it can be managed by introducing flexible

curricula, continuous assessment methods, structured support for

managing backlogs and on campus support for psychological issues

faced by the students.11

64. Another cause of student suicides remains brutality in the form of

ragging, which is often concealed by colleges and universities to

10 Anjum Kadari v. Union of India, (2024) SCC OnLine SC 3129.

11 Supra 8.

SLP(CRL) NO. 13224 OF 2024 Page 76 of 88 safeguard their reputation. This violates the right to dignity and

education of students. It has been clarified by this Court in Farzana

Batool v. Union of India, (2021) SCC OnLine SC 3433 that “while

the right to pursue higher (professional) education has not been spelt

out as a fundamental right in Part III of the Constitution, it bears

emphasis that access to professional education is not a governmental

largesse. Instead, the State has an affirmative obligation to facilitate

access to education, at all levels.”

65. The R.K. Raghavan Committee was appointed to curb the menace of

ragging which detailed the causes and actionable remedies in its

2007 Report. It was pointed out by the Committee that most State

laws only seek to prohibit, and not prevent, ragging, and “while

prevention must lead to prohibition, the reverse need not be true.”

There also exist the UGC Regulations on Curbing the Menace of

Ragging in Higher Educational Institutions 2009, however, news

reports have pointed out that tangible actions have not been taken by

the stakeholders other than mere formalities such as mandating

undertakings from students and parents against indulging in ragging,

and putting up no-ragging notices on university premises.12 While

12 Unending ordeal: On continuing acts of ragging, THE HINDU, November 27, 2023.

SLP(CRL) NO. 13224 OF 2024 Page 77 of 88 the existing guidelines need to be enforced, there is also a

requirement of bringing in new measures for providing

psychological support to victims of ragging so as to stop them from

taking extreme steps like commission of suicide.

66. We are of the firm view that universities must acknowledge their role

not just as centres of learning but as institutions responsible for the

well-being and holistic development of their students. The failure to

do so would mean failing the very purpose of education – to uplift,

empower, and transform lives. Universities assume the role of a

parent when a student leaves his home and comes to study on the

campus of the university. As per the principle of ‘loco parentis’

when a student at the adolescent age or childhood is sent to school

by the parents, it is also the duty of the school authorities to play the

role of parents in safeguarding the intertest and welfare of the

students. A person in loco parentis means a person taking upon

himself the duty of a father of a child to make a provision for that

child. The duty of the college authorities is not just to ensure

academic excellence of the students but also to ensure their mental

well-being, and not just exercise authority and control over students

but also to provide support in times of distress.

SLP(CRL) NO. 13224 OF 2024 Page 78 of 88 67. The nation has already suffered the tragic loss of numerous students

– young individuals with immense potential who could have gone on

to become successful professionals. However, due to the absence of

adequate institutional support, they were driven to take the extreme

step of ending their own lives. These distressing incidents not only

highlight systemic failures but also expose a severe lack of

institutional empathy and accountability on the part of educational

institutions. When academic environments fail to address

discrimination, harassment, and mental health concerns effectively,

they contribute to a culture of neglect that can have devastating

consequences.

68. As a society, and as stakeholders in shaping the future of our youth,

we must take collective responsibility to ensure that no more lives

are lost due to apathy or indifference. It is imperative for institutions

to have a culture of sensitivity and proactive intervention so that

every student feels safe, supported, and empowered to pursue their

aspirations without fear or discrimination.

69. The recurring instances of student suicides in Higher Educational

Institutions, including private educational institutions, serve as a

grim reminder of the inadequacy and ineffectiveness of the existing

SLP(CRL) NO. 13224 OF 2024 Page 79 of 88 legal and institutional framework in addressing mental health

concerns of students on campuses and to prevent the students from

taking the extreme step of committing suicides. These tragedies

underscore the urgent need for a more robust, comprehensive, and

responsive mechanism to address the various factors which compel

certain students to resort to taking their own lives. In light of the

concerns expressed above, a National Task Force to address the

mental health concerns of students and prevent the commission of

suicides in Higher Educational Institutions is being constituted and

shall comprise of the following members:

i. Justice S. Ravindra Bhat, Former Judge, Supreme Court of

India, as the Chairperson;

ii. Dr. Alok Sarin, Consultant Psychiatrist, Sitaram Bhartia

Institute of Science & Research, New Delhi;

iii. Prof. Mary E. John (retired), Former Director, Centre for

Women’s Development Studies, New Delhi;

iv. Mr. Arman Ali, Executive Director, National Centre for

Promotion of Employment for Disabled People;

SLP(CRL) NO. 13224 OF 2024 Page 80 of 88 v. Prof. Rajendar Kachroo, Founder, Aman Satya Kachroo

Trust;

vi. Dr. Aqsa Shaikh, Professor of the Department of Community

Medicine in Hamdard Institute of Medical Sciences and

Research, New Delhi;

vii. Dr. Seema Mehrotra, Professor of Clinical Psychology,

NIMHANS;

viii. Prof. Virginius Xaxa, Visiting Professor at the Institute for

Human Development (IHD), New Delhi;

ix. Dr. Nidhi S. Sabharwal, Associate Professor, Centre for

Policy Research in Higher Education, National University of

Educational Planning and Administration, New Delhi;

x. Ms. Aparna Bhat, Senior Advocate (as amicus curiae).

70. The following shall be the ex-officio members of this Task Force:

i. Secretary, Department of Higher Education, Ministry of

Education, Government of India;

SLP(CRL) NO. 13224 OF 2024 Page 81 of 88 ii. Secretary, Department of Social Justice & Empowerment,

Ministry of Social Justice & Empowerment, Government of

India;

iii. Secretary, Ministry of Women and Child Development,

Government of India;

iv. Secretary, Department of Legal Affairs, Ministry of Law and

Justice, Government of India.

71. We direct the Chief Secretaries of all the States/Union Territories to

nominate a high ranking officer, not below the rank of Joint

Secretary in the Department of Higher Education of the respective

State/Union Territory, to act as the nodal officer on behalf of the

respective State/Union Territory. We further direct all the concerned

departments/authorities of the respective State/Union Territory to

cooperate with the nodal officer concerned and furnish necessary

information, data and assistance as may be sought by such nodal

officer.

72. The Joint Secretary, Department of Higher Education, Ministry of

Education, Government of India shall act as the convener of the Task

Force.

SLP(CRL) NO. 13224 OF 2024 Page 82 of 88 73. The Task Force includes representatives from diverse fields to

ensure an interdisciplinary approach to tackling the issue of

commission of suicides in Higher Educational Institutions.

74. The remit of this Task Force is to prepare a comprehensive report

that includes:

i. Identification of the predominant causes which lead to

commission of suicides by students: An examination of the

various causes which lead to student suicides in Higher

Educational Institutions, including but not limited to ragging,

caste-based discrimination, gender-based discrimination,

sexual harassment, academic pressure, financial burden,

mental health related stigma, discrimination based on

ethnicity, tribal identity, disability, sexual orientation,

political views, religious belief or any other grounds.

ii. Analysis of Existing Regulations: A thorough assessment of

the effectiveness of current laws, policies, and institutional

frameworks applicable to Higher Educational Institutions

concerning ragging, caste-based and gender-based

discrimination, sexual harassment, mental health support,

SLP(CRL) NO. 13224 OF 2024 Page 83 of 88 support for students facing academic challenges, financial

support to students in need of funds, etc. This analysis will

evaluate whether these frameworks adequately address the

challenges faced by students.

iii. Recommendations for Strengthening Protections:

Proposing necessary reforms to the existing legal and

institutional frameworks to ensure stronger enforcement,

accountability, and preventive measures. The Task Force shall

also put forth recommendations to address existing gaps,

create a more inclusive and supportive academic environment,

and ensure equal opportunities for members of marginalized

communities.

75. In the process of preparing its report, the Task Force shall have the

authority to conduct surprise inspections of any Higher Educational

Institution. Additionally, the Task Force shall be at liberty to make

further recommendations beyond the specified mandate, wherever

necessary, to ensure a holistic and effective approach towards

addressing mental-health concerns of students and eliminating the

incidence of suicides in Higher Educational Institutions. The Task

Force is requested to take into account the views and concerns of all

SLP(CRL) NO. 13224 OF 2024 Page 84 of 88 stakeholders, including those of student unions, whether elected or

nominated and other student representative bodies, wherever they

exist. The Task Force is also requested to seek representation from

and consult the governments of all the States and Union Territories.

The Task Force may also consider obtaining the views of the

different stakeholders by way of circulating a questionnaire and

seeking written responses thereupon.

76. It is clarified that the term “Higher Educational Institution” is used

broadly to cover all higher educational institutions, including

government and private universities, deemed to be universities,

government and private colleges, etc.

77. The Secretary, Department of Higher Education, Ministry of

Education; the Secretary, Department of Social Justice &

Empowerment, Ministry of Social Justice & Empowerment; the

Secretary, Ministry of Women and Child Development; and the

Secretary, Department of Legal Affairs, Ministry of Law and Justice,

Government of India, shall collaborate with the Task Force and

extend full cooperation by providing all necessary information,

documents, and resources required by the Task Force to effectively

carry out its mandate.

SLP(CRL) NO. 13224 OF 2024 Page 85 of 88 78. The Secretary, Department of Higher Education, Ministry of

Education, Government of India shall serve as the Member-

Secretary of the Task Force. The Ministry of Education, Government

of India shall be responsible for providing all necessary logistical

support to facilitate the functioning of the Task Force. This shall

include making arrangements for travel, accommodation, and

secretarial assistance, as well as covering all related expenses of the

Task Force members. The Ministry shall provide a sufficiently large

office space to the Task Force for holding its meetings and also to

enable the officials to carry on its day-to-day activities. Additionally,

the Ministry shall provide an appropriate honorarium to the members

in recognition of their contributions.

79. We also direct that the Central Government, the Governments of all

the States/Union Territories and agencies thereof, and Universities

shall extend their full and active cooperation to the Task Force and

provide the requisite data, information and assistance, as may be

necessary. In the case of delay, reluctance or neglect on part of the

aforesaid bodies, the Task Force will be at liberty to approach this

Court through the amicus curiae seeking remedial actions.

SLP(CRL) NO. 13224 OF 2024 Page 86 of 88 80. The Chairperson of the Task Force shall be at liberty to engage the

services of any person for the purpose of providing secretarial

assistance in coordinating with the members of the Task Force,

preparation of the interim and final report and for the smooth and

effective discharge of any other responsibilities as may arise during

the course of carrying out the mandate of the Task Force. This shall

include the engagement of the services of Data Analysts and

Research Assistants as may be necessary for the effective discharge

of the mandate of the Task Force.

81. The Chairperson of the Task Force shall also be at liberty to

constitute, after due consultation with the members of the Task

Force, committees and sub-committees as may be required for the

purpose of carrying out specific functions.

82. We direct the Union of India to deposit an amount of Rupees Twenty

Lacs (Rs 20,00,000/-) with the Registry within two weeks from the

date of this order as an outlay for the initial operations of the Task

Force. The amicus curiae shall be at liberty to move an appropriate

application seeking orders for disbursement of any additional funds,

whenever necessary. We clarify that this amount is in addition to the

SLP(CRL) NO. 13224 OF 2024 Page 87 of 88 financial and administrative responsibility of the Ministry of

Education as described aforesaid.

83. The Task Force is requested to present an interim report within four

months from the date of this order. The final report shall be

submitted preferably within eight months from the date of this order.

84. We treat this matter as part heard. The registry shall notify this matter

after four months alongwith the interim report of the Task Force

before this very Bench (J.B. Pardiwala and R. Mahadevan, JJ.) after

obtaining appropriate orders from Honourable the Chief Justice of

India.

…………………………………………J (J.B. PARDIWALA)

…………………………………………J (R. MAHADEVAN) New Delhi;

24th March, 2025

SLP(CRL) NO. 13224 OF 2024 Page 88 of 88