"Criminal Justice System Of Ours Can Itself Be A Punishment", Says Supreme Court While Disposing A 13 Year Old Criminal Appeal

The criminal justice system of ours can itself be a punishment, remarked the Supreme Court in its order disposing a criminal appeal which was filed 13 years ago.The bench of Justices Sanjay Kishan Kaul and Abhay S. Oka observed thus after it noted that an appeal arising out of framing of charges remained pending in the Supreme Court for 13 years.The court was dealing with a case where a student committed suicide following a disciplinary action initiated by the school management against him. A charge sheet was filed against the teacher, the Head of the Department and the Principal on the complaint filed by student's father that the suicide was instigated by them. The Trial Court framed charges against the accused in the year 2009.The accused preferred criminal revision petition before the High Court which was dismissed by observing that the proceedings were at an early stage and did not call for any interference. The accused thus approached the Apex Court which granted interim stay in the year 2009."The present appeals were preferred assailing that order and interim stay was granted at the threshold. The trial of course naturally did not proceed in view of the stay by this Court. The matter has rested at that for the last thirteen years!", the bench noted in the order disposing of the appeal after 13 years.The bench began the order with these remarks:"The criminal justice system of ours can itself be a punishment! It is exactly what has happened in this case. 14 years on an issue of abetment of suicide in an episode where a student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide. An unfortunate situation."The bench considered the appeal and noted that even reading of the charge sheet, on the basis of the complaint as it is, there is still no case made out for abetment of suicide. The appeal was finally allowed discharging the accused. This aspect of the order is dealt in this report.Case detailsV.P. Singh vs State of Punjab | 2022 LiveLaw (SC) 994 | Crl.A 103/2010 | 24 Nov 2022 | Justices Sanjay Kishan Kaul and Abhay S. OkaFor Appellant(s) Mr. Sudarshan Rajan, AOR Mr. Mahesh Kumar, Adv. Mr. Hitain Bajaj, Adv. Mr. Rohit Bhardwaj, Adv. Mr. P. S. Patwalia, Sr. Adv. Mr. Saksham Maheshwari, Adv. Mr. Jagjit Singh Chhabra, AOR Mr. Manoj Rajpoot, Adv. Petitioner-in-personFor Respondent(s) Ms. Rooh-E-Hina Dua, AOR Mr. Harshit K., Adv. Mr. Prem Malhotra, AOR Respondentin-personHeadnotesIndian Penal Code, 1860 ; Section 306 - Abetment of Suicide - Student committed suicide following disciplinary Action by educational institution - FIR registered against the teacher, the Head of the Department and the Principal on the complaint filed by student's father that the suicide was instigated by them - Discharging the accused, the Supreme Court observed: We find not an iota of material on record even assuming the complete charge sheet to be correct which could lead to a conviction in a case of abetment as there was absence of the necessary ingredients to make the offence. While we appreciate the anguish of a father who has lost a young son, that cannot result in blaming the world (in the present case, the institution and its teachers) for what is a basic disciplinary action necessary for running the institute. A contra position would create a lawless and unmanageable situation in an educational institution.Criminal Justice System - The criminal justice system of ours can itself be a punishment - The present appeals were preferred assailing that order and interim stay was granted at the threshold. The trial of course naturally did not proceed in view of the stay by this Court. The matter has rested at that for the last thirteen years. Click here to Read/Download Order

"Criminal Justice System Of Ours Can Itself Be A Punishment", Says Supreme Court While Disposing A 13 Year Old Criminal Appeal

Ashok KM

Tags