2014 (12) TMI 1173 - SC - Indian Laws

Death of deceased due to ragging - Proper investigation by CBI - Held that - Circumstances leading to the death of young college student girl have become the subject matter of investigation. The issue is sensitive not only because of loss of an invaluable human life but also because of the reasons which are sought to be attributed for the sordid affair. The circumstances which the Petitioner has referred to in the writ petition and the written submissions as also the contentions that were urged before us in the course of the hearing may or may not be conclusive in their import but those circumstances need to be suitably looked into by an independent investigating agency like the CBI lest an incomplete, indifferent or ineffective investigation leads to failure of justice. On lodging of the complaint by the Petitioner on 9.9.2011, police have registered the case in F.I.R. No. 463/2011 Under Section 306 of the Indian Penal Code at Police Station Bagru, Jaipur. The State police recorded the statement of the sister of deceased, other classmates, principal of the college, chief warden, warden and other staff, doctors and all the concerned persons. Based upon the statement of witnesses, medical report and other materials, the investigating officer found that it is a case of suicide and filed the final report. I am refraining from entering upon the details thereof, lest, it may prejudice any party. Upon consideration of the materials, in my view, proper investigation has been conducted. - HAVING regard to the materials on record, in my considered view, the case in hand is not such an exceptional situation warranting special investigation by the CBI. - Appeal disposed of.

Issues Involved:
1. Fairness of the investigation into the death of a young college student.
2. Allegations of ragging leading to the death.
3. Allegations of an unwanted pregnancy causing suicide.
4. Alleged negligence and misconduct by college authorities and local police.
5. Request for transfer of investigation to the Central Bureau of Investigation (CBI).

Detailed Analysis:

1. Fairness of the Investigation:
The judgment underscores the importance of a fair and proper investigation in the criminal justice system, emphasizing that fairness in investigation is crucial for a fair trial. The court refers to several precedents, including *Manu Sharma v. State (NCT of Delhi)*, *Nirmal Singh Kahlon v. State of Punjab*, *Sasi Thomas v. State and Ors.*, *Zahira Habibulla H. Sheikh and Anr. v. State of Gujarat and Ors.*, and *Babubhai v. State of Gujarat and Ors.*, which highlight that an investigation must be judicious, fair, transparent, and expeditious to ensure the rule of law. The court stresses that an unfair investigation can vitiate the essence and purpose of a trial.

2. Allegations of Ragging:
The petitioner, the father of the deceased, alleges that his daughter was subjected to ragging by senior students, which led to her fall from the fourth floor of the college hostel. Despite informing the college authorities, no action was taken to prevent the ragging. The petitioner claims that his daughter was left unattended for about half an hour after the fall due to the negligence of the college authorities.

3. Allegations of Unwanted Pregnancy:
The respondents, including the state of Rajasthan, the police, and the college, contend that the deceased committed suicide due to an unwanted pregnancy. The medical records suggest that she was 14 weeks pregnant and that the pregnancy was aborted within 24 hours of her death. However, the petitioner disputes this, arguing that the post-mortem report does not clearly establish the presence of a pregnancy, thereby challenging the suicide theory.

4. Alleged Negligence and Misconduct by College Authorities and Local Police:
The petitioner alleges that the college authorities did not report the incident to the police and that no dying declaration was recorded despite the deceased being conscious and oriented. He also claims that the medical records were fabricated due to the influence of the college, which is run by influential people. The petitioner further alleges that the younger sister of the deceased was pressured by the college authorities not to disclose the true facts.

5. Request for Transfer of Investigation to the CBI:
Given the sensitive nature of the case and the petitioner's dissatisfaction with the local police investigation, the court considers whether the investigation should be transferred to the CBI. The court notes that the power to transfer investigations is exercised in exceptional circumstances to prevent the miscarriage of justice. The court cites precedents where investigations were transferred to the CBI, such as *Inder Singh v. State of Punjab*, *R.S. Sodhi Advocate v. State of U.P. and Ors.*, and *State of Punjab v. CBI*, emphasizing that such transfers are ordered to ensure credible discovery of the truth.

Judgment:
The court, acknowledging the sensitive nature of the case and the petitioner's apprehensions, directs the transfer of the investigation to the CBI. The judgment highlights that the transfer is necessary to ensure a fair and independent investigation, given the allegations of bias and misconduct by the local police and college authorities. The court clarifies that it has not expressed any opinion on the merits of the case or the complicity of any individual, and the observations are solely for deciding the transfer of investigation. The petition is allowed, and the investigation is transferred to the CBI, with instructions to assign competent officers to handle the case.

Separate Judgments:
- T.S. Thakur, J.: Emphasizes the need for a fair investigation by an independent agency like the CBI to uncover the truth and ensure justice.
- R. Banumathi, J.: Dissents, stating that the investigation by the state police was proper and that the case does not warrant a CBI investigation.
- A.K. Goel, J.: Concurs with T.S. Thakur, J., agreeing that the investigation should be transferred to the CBI to address the petitioner's apprehensions and ensure a fair investigation.

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