The Supreme Court on Tuesday granted protection from arrest to the principal and a teacher of a prestigious Uttar Pradesh school in a case involving abetment to suicide of a Class XII student who died 18 months ago.
The Vacation Bench of Justices S Abdul Nazeer and Indu Malhotra granted stay of arrest of Fr Melvin Saldanha and physical education teacher James John of the Cathedral Senior Secondary School, Hazratganj, lucknow while directing them to cooperate with the investigation.
The court noted that the chargesheet against both the accused under IPC Section 305 (abetment to suicide) had already been filed. Besides, the petitioners apprehended that the case against them was motivated since the deceased student was the son of a high ranking police officer in the State.
Appearing for the accused, senior advocate Sanjay Hegde and advocate Ajay Singh pointed out that the role of the accused is not established nor is the crime proved. Police case states that the deceased was riding a motorbike along with a friend outside the school on the morning of the fateful day. The bike rammed into a cycle rickshaw injuring a passenger following which a crowd gathered and began to scold the boy.
Alerted by the crowd and the commotion surrounding it, the accused teacher brought the two boys into the school and took them to the principal. Their diaries were taken away and parents were asked to report to school. The boy feared expulsion.
Meanwhile, as his parents were late to arrive, the accused teacher dropped him home where minutes later, he shot himself dead with his father’s service revolver.
The incident occurred on December 3, 2016, and a day later FIR was lodged against the school principal and teacher by the boy’s father. The prosecution alleged that the boy was beaten black and blue and he took the extreme step unable to bear this humiliation and harassment.
The medical records also supported the police case. However, the boy who accompanied the deceased on the bike gave his statement to police denying any beating or
harassment by either principal or the teacher.
In February, 2017, the Crime Branch took over the probe in the case and again recorded the boy’s statement that remained unchanged. With the chargesheet already filed on March 14 this year and the ACJM (Additional Chief Judicial Magistrate) court in lucknow issuing summons, the accused moved the lucknow Bench of the Allahabad high court for protection from arrest and quashing of charge sheet. On May 22, the high court dismissed the petition following which the duo approached the apex court.