[Veterinary Student Death] Delay Can Cause Prejudice, Affect Investigation: Kerala HC Urges Centre To Issue Notification For CBI Probe

The Court observed that once notification was issued by the State Government under Section 6 of the Delhi Special Police Establishment Act giving sanction to CBI investigation, there should not be a further delay on the part of the Union Government directing CBI investigation under Section 6 of the Delhi Special Police Establishment Act. 

Justice Bechu Kurian Thomas passed the above order in a plea moved by Jayaprakash T, father of deceased Sidharthan J S, second year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad who committed suicide on February 18, 2024, because of ragging and brutal assault from the college.

“Each day's delay can cause serious prejudice to the investigation already ordered. It may cause prejudice to the investigation and undue benefits to the perpetrators of the crime. Such a situation ought not to befall any investigation. Therefore, it is upon 1^st respondent, Union of India, to initiate immediate action and issue the requisite notification under Section 5 of the Delhi Special Police Establishment Act without delay. The needful ought to be done before the next posting."

Background

Initially, a crime was registered for unnatural death and later offences including abetment of suicide, criminal conspiracy and provisions under the Kerala Prohibition of Ragging Act were added based on the post-mortem report showing that the deceased was subjected to brutal assault. Based on the request of the petitioner, the State Government had assured that the investigation would be handed over to the CBI and a notification was also issued in this regard. However, the investigation was delayed due to the non-forwarding of certain essential documents to the Union Government by the State Government.

The Court orally observed that delay in entrusting the investigation with the CBI would cause serious prejudice and affect the entire investigation. It also enquired if the Union Government could delay the issuance of notification entrusting the investigation with the CBI once the State Government had issued a notification sanctioning the CBI investigation. The Court further stated orally that the State Government also must ensure that all documents were forwarded to the Union Government without delay after sanctioning the CBI investigation.

Senior Advocate George Poonthotam, appearing on behalf of the petitioner submitted that the officials of the State Government were deliberately delaying the forwarding of documents to the Union Government to delay the investigation.

Special Prosecutor for CBI, Senior Advocate Dr K P Satheeshan assisted by Advocates Gokul D Sudhakaran, Bharath Mohan, submitted that the State Government issued a notification sanctioning CBI investigation under Section 5 of the Delhi Special Police Establishment Act. It was submitted that they were awaiting notification from the Union Government under Section 5 of the Delhi Special Police Establishment Act directing the CBI to conduct the investigation.

The matter has been posted to Tuesday.

The plea is moved by Advocates Nisha George, A.L.Navaneeth Krishnan, Anshin K.K, Kavya Varma M. M., Sidharth.R.Wariyar

Case title: Jayaprakash T v Union Of India & Ors.

Case number: WP (Crl) 377/2024