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(This is the full text of the affidavit which led to the SC asking the Raghavan Committee to inquire into the Aman Kachroo case.)

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. _____ OF 2009

IN

CIVIL APPEAL No. 887 OF 2009

IN THE MATTER OF:

University of Kerala      …Appellant

Versus

Council of Principals of Colleges & Others   …Respondents

AND IN THE MATTER OF:

A.A. Rahim        …Appellant

Versus

Council of Principals of Colleges & Others   …Respondents

AN APPLICATION FOR DIRECTIONS ON BEHALF OF THE AMICUS CURIAE

It is respectfully submitted:

1. On 16^th March, 2009, the Amicus Curiae filed I.A. No.15 of 2009 complaining about the death of Amann Satya Kachroo, a student who was pursuing the professional studies in MBBS at Dr. Rajendra Prasad Government Medical College, Kangra, Himachal Pradesh.  This Hon’ble Court on 16^th March, 2009 took the said application on board and passed an order as per minutes.

1. It is submitted that as far as the affidavits filed by the Registrar, Government Agriculture Engineering College, Bapatla; Director General of Police, State of Andhra Pradesh; Chief Secretary, State of Andhra Pradesh and the Principal Secretary, State of Andhra Pradesh in the Agriculture Department are concerned, they admit that one Ms. N. Triveni, B. Tech. First Year student attempted to commit suicide by consuming hair dye.  On account of medical attention, she was saved.  It may be noted that the incident took place on 27^th February, 2009.  It may also be noted that this Hon’ble Court was pleased to pass an order seeking an explanation upon the application of the Amicus Curiae on 16^th March, 2009.  In the affidavit filed by the Registrar, Acharya N.G. Ranga Agricultural University, Rajendranagar, Hyderabad a statement is said to have been narrated by Triveni to her father on 12^th March, 2009.  It is further described that the father lodged a complaint with the Bapatla police against plan of her seniors and thereafter an offence under Section 309 IPC was altered to Section 4(1)(ii), (iii) read with Section 7(1) of the Andhra Pradesh Prohibition of Ragging Act, 1997.  It is interesting to note that the Ladies’ Hostel Warden made a complaint without setting up the full facts of the case and a case was actually registered against Triveni vide FIR No.48/2009 under Section 309 IPC.  It is also interesting to note that it was after this Hon’ble Court was pleased to intervene in the matter on 16^th March, 2009, that Ms. Triveni stood discharged from the hospital on 20^th March, 2009.  It may also be pointed out that the Registrar claims that the said five accused girls were suspended on 13^th March, 2009.  It is stated in the said affidavit that the criminal case is now under investigation.  The said affidavit, while affirmed on 27^th March, 2009, gives only bare details pertaining to the follow up of the enquiry in relation to the five accused girls and is silent as to whether any steps have been taken to expel the said girls from the institution.  It is further submitted that the affidavit of the Director General of Police, Andhra Pradesh has based itself entirely on the investigation record and report of the Superintendent of Police, Guntur District.  It may be pointed out that although the investigation of the case was taken out on 28^th February, 2009, the case which was obviously attempted to be set up in collusion with the Hostel Warden was that the victim was depressed.  It is also interesting to note that the Sub Inspector of Police did not record the statement of the victim from 27^th February, 2009 upto 13^th March, 2009.  In fact, it was the father of the victim who submitted a petition stating that his daughter had regained her consciousness and had written down the names of the person who had ragged her.  It is stated that the police altered the memo and added Sections 4 and 7 of the Andhra Pradesh Prohibition of Ragging Act, 1997.  It may be interesting to note that the section relating to abetment of suicide was, however, not added.

1. It is respectfully submitted that in a matter of this kind, investigation cannot and should not take very long and a charge sheet should be submitted before the competent court at the earliest. In fairness, the Director General of Police took charge only on 23^rd March, 2009. He is, however, silent on the status of the investigation as on the date of the filing of the affidavit, that is 27^th March, 2009.  The affidavit of the Chief Secretary of the State of Andhra Pradesh sets out the relevant provisions of the Andhra Pradesh Prohibition of Ragging Act, 1997 and reference to the punishments under Section 4 of the Act.  It may be noted that under Section 7(1) of the Andhra Act, it is stipulated that if the head of the educational institution fails to expeditiously enquire into the complaint of ragging or neglects to suspend the students in the circumstances, such person would be deemed to have abetted the offence and shall be punished with the punishment provided for the offence.  It is important to note that neither the Principal nor the Hostel Warden is being charged under Section 7(1) of the Andhra Pradesh Prohibition of Ragging Act, 1997.  It is also relevant to note that even though detailed guidelines have been framed by the Government as early as on 31^st August, 2006 and 9^th November, 2006, in reality, teachers and administrative staff do not ensure that the institution is free of ragging.  The Principal Secretary to the Government of Andhra Pradesh in the Agriculture Department states in her affidavit that a high level committee was constituted to conduct a detailed enquiry and to submit a report.  However, the status of the enquiry by this high level committee is not clearly depicted.
2. In the meanwhile, as far as the Himachal Pradesh case is concerned, the father of Amann Satya Kachroo, Dr. S. Kachroo, has attempted to initiate a civil society movement against ragging.  The said Dr. Kachroo has made available information to suggest that Dr. Rajendra Prasad Government Medical College has been seriously afflicted with the scourge of ragging.  It is learnt that in 1999, a 2^nd year student, Vishal Chandel, was beaten up and kept inside the hostel for three days.  The case was deliberately not reported and hushed up.  It is also reported that the relatives of the victim met the Health Secretary of the Government of Himachal Pradesh who informed that 33 students have been expelled.  In fact, no action was taken against the accused.  It is also further reported that a show cause notice was issued to Dr. Sankhayan, who was the incumbent principal of the said medical college when the Amann Kachroo incident took place.

1. It is also learnt that in 2002 in the same institution, a student by the name of Neeraj was found dead in the hostel and the postmortem was conducted in a hurry and the matter was closed.  Dr. Sankhayan was the Hostel Warden at the time.  In 2004, a junior student was stabbed in his stomach with a broken bottle and none of the guilty persons were brought to book.  In 2006, four students were compelled to drink alcohol and were beaten up. They were taken in a bus and dropped 53 miles away.  The bus met with an accident.  No action was taken even though one of the students became disabled.  The said Dr. Sankhayan reportedly hushed up the matter.

1. It also appears that the students of the said medical college have not restricted their violent activities to the college campus.  Allegedly, the students have beaten up a shopkeeper, that is, one Shyam Sunder in 1998.  The incident was reported to the police yet no action was taken.  In 2004, the students beat up people in the local Ram Lila Maidan with iron rods and bamboo sticks and yet the college did not take any action against the students.  In 2006, the students barged into a marriage party at a place called Maror, where they beat up people and yet no action was taken.  In 2006, the students damaged the college canteen and the owner Naresh Soni suffered physical injuries, yet no action was taken.

1. It is also learnt that the Additional District Magistrate, Kangra has completed his magisterial enquiry on 28^th March, 2009.  The magisterial enquiry, it is reliably learnt, has come to the conclusion that ten incidents of ragging and acts of indiscipline have taken place in/since 2001.  It is also reported that the college authorities acted in a casual manner.  It is submitted that the said report be directed to be brought on record.

1. It is in these circumstances that the Applicant herein prays to this Hon’ble Court to direct as follows:
   1. a CBI enquiry be conducted into the affairs of the said Dr. Rajendra Prasad Government Medical College;
   2. Dr. Rajendra Prasad Government Medical College be directed to restrain Dr. Sankhayan from discharging any functions until further orders;
   3. an enquiry be conducted against the said Dr. Sankhayan by the State Government of Himachal Pradesh under the chairmanship of a retired Judge of this Hon’ble Court or of a Hon’ble High Court at the earliest;
   4. the State of Himachal Pradesh be called upon to submit an explanation into the circumstances in which the said Dr. Sankhayan was appointed as the Principal of Dr. Rajendra Prasad Government Medical College;
   5. the University Grants Commission, Ministry of Human Resources Development, Government of India, as well as a panel of three eminent doctors to determine the criteria for selection as Principals of Medical Colleges as well as a similar committee of three eminent engineers to suggest how Principals of Engineering Colleges should be selected;
   6. grant prayer in terms of the constitution of a special committee consisting of three eminent psychology/psychiatrists to evolve mental health guidelines in relation to ragging which would later be incorporated in the school curricula, public media distribution as well as counseling centres for parents;
   7. infrastructural facilities be provided to  Raghavan Committee including a secretariat;
   8. an online  database be set up by the Ministry of Human Resources Development, Government of India or through a joint initiative between the Union Government as well as an NGO (public private partnership) to maintain a website including gathering all relevant information pertaining to ragging, and to create a web page on the internet, which would:

• (i)store relevant details / particulars of students;

• (ii) which would include a statement from the Principal of the concerned college/institution undertaking that he/she will ensure and undertake all possible steps to prevent ragging;

• (iii) play videos of ragging so as to educate the public of the dangers of ragging;

• (iv) have an interface facility, wherein students would be able to make complaints in respect of ragging incidents;

1. 1. UGC and Ministry of Human Resource Development, Government of India to establish a call centre at Delhi, as a pilot measure, so that anybody would be able to access the call centre and complain about incidents of ragging;
   2. the Raghavan Committee to frame a simple and transparent procedure for penalizing institutions which permit ragging on their premises/campuses, as well as steps to be taken against administrative heads including quick and transparent procedures for expelling students.
   3. the Andhra Pradesh police, and specifically the Superintendent of Police of District Guntur, to complete the investigation into Ms. Triveni’s case within a period of thirty days from today and file a charge sheet in the court of competent jurisdiction against the accused persons, should an offence be made out;
   4. the committee appointed by the Andhra Pradesh government to complete the enquiry in relation to incident of ragging of Ms. Triveni and proceed to act in accordance with law and take such punitive action including expulsion of the students from the institutions; and
   5. any other order(s) this Hon’ble Court may deem fit and proper in the circumstances of the case.

Filed by:

Dated:       .3.2009    (GOPAL SUBRAMANIUM)

AMICUS CURIAE

Filed under: 2008-09, Ragging and the Law | Tagged: Aman Kachroo, Dr Rajendra Prasad Medical College Tanda, Ragging and the Supreme Court of India