Madhya Pradesh HC Quashes FIR Against Student Accused Of Ragging; Directs Him To Perform 7 Days Community Service
The Madhya Pradesh High Court ordered a university student to seven days of community service observing that “such melting of ego may make petitioner a better person for posterity.”
The Court quashed an FIR lodged against the student for ragging. The student, along with three other accused batchmates, were made accused in the FIR.
The application for compounding stated that the student and the complainant intended to enter into a compromise to bury the hatchet, once and for all. The student also submitted that “he learnt the lesson hard way and he is ready to abide by the terms and conditions as imposed by this court.”
A Single Bench of Justice Anand Pathak observed, “many of the Educational Premises at times suffer from manifestation of Arrogance, Frustration and Perversion of miscreants/seniors who derive sadistic pleasure in humiliating, harassing and intimidating their junior colleagues.”
Advocate Harshit Sharma represented the petitioner, while Deputy AG R.S. Kushwaha appeared for the respondents.
The Court noted that “ragging in all its forms is a Social and Institutional Menace.”
The Court stated that no senior should 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 further stated that physical and psychological bullying needs to be curbed. Similarly, authorities too should be careful about false implication cases.
The Court held that “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.”
The Court considered the unconditional apology tendered by the student and his father for the alleged misconduct and stated that the student “had regrets for such misunderstanding and undertook to purge misdeeds, if any, of the petitioner by performing community service.”
The Court also directed the University and Management to call the parents of other perpetrators or senior students who would show such deviant behaviour and “This way 'Ego' of that Ragger/Perpetrator would melt and he may be afraid of such development because students do not prefer their parents to be called in their Institution/Campus for their deviant behaviour as it shows them as vulnerable and fallible.”
Accordingly, the High Court allowed the petition.
Cause Title: Sachin Singh Bhadouriya v. The State Of Madhya Pradesh & Anr.
Appearance:
Petitioner: Advocate Harshit Sharma
Respondents: Deputy Advocate General R.S. Kushwaha and Advocate Kuldeep Sharma