Ragging | MP High Court Allows Compounding Of Offences, Directs Erring Student To Do 7 Days' Community Service In University Library

After a senior student expressed his regret for his alleged act of ragging a junior at Jiwaji University (Gwalior), Madhya Pradesh High Court allowed compounding the offence between the accused and the victim, pursuant to both parties expressing their intent to settle.

The single-judge bench of Justice Anand Pathak also instructed the delinquent student to perform 7 days of community service in the University Library and further directed the University Registrar to file a report on the student's brief stint there.

“…he will help the Librarian for arrangements of books properly from 10:30 am to 2:30 pm or in his free time for at least 4 hours daily for seven days. Meanwhile, he may read some self-help books also for his course correction, so that he may introspect about his deviant behaviour and would ensure that he gets some insight for his future course of action, so that he may become a good citizen in future rather than a liability. Such melting of 'Ego' may make petitioner a better person for posterity”, the bench sitting at Gwalior observed further in the order.

In addition to that, the Registrar of Jiwaji University is also required by the court to submit a detailed report, within three months, about the steps taken to curb the menace of ragging in University.

The matter has been posted for further directions on 6^th May, 2024.

Facts

The complainant/victim was a 4^th Semester student in the University's BBA course. In June, 2023, senior students of 6^th Semester including the petitioner/accused allegedly abused him and demanded that he dance after becoming naked. When the junior student refused, he was allegedly beaten up by the petitioner and other seniors.

As per the complaint made to the H.O.D of the BBA Department, a Disciplinary Committee was constituted. Later, the anti-ragging committee of the University absolved the petitioner from the accusations levelled against him. However, FIR was registered at Police Station University (JI) for offences covered by Sections 294, 323, 506 and 34 of the IPC.

Arguments

In the Section 482 petition preferred by the accused to quash the pending criminal proceedings, another interim application was filed under Section 320(2) Cr. P.C to permit the accused and the victim to enter into a compromise and compound the offence. On a related note, the petitioner's counsel also submitted that the accused have applied for the posts of Head Constable/CISF and ASI/ Steno. Hence, the pending case would be detrimental to his employment aspirations.

However, the Deputy Advocate General initially opposed the prayer on the ground that the menace of ragging must be curbed at any cost. Punishment would set an example and deter other delinquent students.

At this stage, the petitioner submitted that he was keen to 'purge his misdeeds' by doing community service because he has genuine regret about the incident that occurred. He wanted to convey a clear message to other senior students in the University about the social menace of ragging. However, the petitioner also clarified that the version projected by the police in the FIR and chargesheet is untrue.

UGC Regulations on curbing the Menace of Ragging in Higher Educational Institutions 2009, All India Council for Technical Education (AICTE) Regulations against Ragging 2009, as well as Medical Council of India (Prevention and Prohibition of Ragging in Medical Colleges/Institutions) Regulations 2009 were relied upon by the petitioner along with landmark decisions pronounced by the apex court and high courts across the country. Later, the state also submitted that an appropriate order can be passed if the petitioner is ready to take corrective measures as per the apex court judgments.

Further Observations

The court primarily relied on University of Kerala v. Councils, Principals, Colleges, Kerala & Ors. (2009) 17 SCC 753 to explain about ragging and its possible repercussions on the victim students.

“Such deviant behaviour at times persuades the juniors to leave that campus and sometimes, they go into depression. Many instances were reported where some students committed suicide because they could not tolerate insult and intimidation at the hands of seniors”, the single judge bench also mentioned the dilemma of the victims who are forced to see the perpetrators of the crime committed against them on a daily basis.

The court also delved deep into the concept of informal social controls (recently discussed in Virendra Singh Rana & Ors v. State of M.P. & Anr., 2024 LiveLaw (MP) 14 ) devised by different regulations under statutory provisions such as Section 37 of the Madhya Pradesh Vishwavidhyalaya Adhiniyam, 1973, which must be strictly implemented. The court also reiterated the suggestions given by the apex court in University of Kerala as well as the mandates issued by AICTE, and called upon all the stakeholders to follow these suggestions and regulations in letter and spirit.

“No leniency ought to be shown in respect of ragging because it affects the Physical, Mental and Emotional framework of a student and this is severe violation of Human Rights. A senior cannot be permitted to crush the spirit and talent of a junior student who may not blossom because of deviant behaviour of some senior, just for fun and to impress his peers”, the court highlighted the relevance of rectifying the flaws in the system and curbing the 'peevish pleasure of pervert seniors'. The court was also alert about the other side of the coin, i.e., false implication in ragging cases.

Since all the offences in the FIR are primarily compoundable and the petitioner stepped up to tender an unconditional apology for his actions, the court considered it wise to allow the S. 320 (2) Cr.P.C application. For other accused persons except the petitioner, F.I.R has been kept pending.

“University and Management are required to call the parents of Perpetrators or Senior Students who show such deviant behaviour and if their parents are called for counselling, then this may act as an Informal Social Control measure over those students..”, the court added in the end about the importance of eliminating the ego of seniors and making them scared for the consequences of their actions.

Advocate Harshit Sharma appeared for the petitioner. R.S. Kushwaha , Deputy Advocate General appeared for respondent no.1 state. Advocate Kuldeep Sharma represented the complainant.

Case Title: SB v. The State Of Madhya Pradesh & Anr.

Case No: Misc. Criminal Case No. 48759 of 202

Citation: 2024 LiveLaw (MP) 29

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