Newspapers Clipping Published in News Time English Daily v. Commissioner of Police, Hyderabad
2002-01-24
A.R.LAKSHMANAN, Y.V.NARAYANA
body2002
DigiLaw.ai
AR. LAKSHMANAN, C. J. ( 1 ) HEARD Mr. Rama Rao, learned Government Pleader for the Department of Home and perused the entire pleadings and the Article under the caption "ramulu Warns Medicos of Stringent Action" published in the News Time, an English Daily News Paper dated 20-11-2001. ( 2 ) THE report in the Newspaper inter alia reveals that ragging is still prevalent in colleges inspite of the Anti-ragging Law. It is stated in the report that the Commissioner of Police, while addressing the staff and students of Medical Colleges in connection with the reports of ragging told that ragging would be construed as goondaism and those indulging in it would be deported from the city. It is also stated that those indulging in ragging would be booked under Antiragging Law as well as IPC, and that they might be debarred from colleges. It is further stated in the report that there are some instances of ragging which were bordered on sexual harassment, and pervert sexual behaviour. It is also stated that the Commissioner of Police warned that under the new Anti-ragging law not only the members of the management of the colleges but also parents of the students concerned would be charge-sheeted as abettors and liable for 2 years rigorous imprisonment and that the erring students would face rigorous imprisonment for up to 7 years. He also stated that Special Police Squads in mufti would be monitoring the behaviour of suspected students of the colleges on-and-off the campus. It is further stated that the police are contemplating to arrest the 5 students in connection with the ragging reported to have been taken place in Gandhi Medical College, that fresh cases have been filed against the students alleged to have been indulged in ragging and that the Narayanguda Police had taken up investigation in the matter. ( 3 ) THE Newspaper Clipping regarding ragging was treated as a writ petition and numbered as taken up WP No. 24460 of 2001. ( 4 ) PURSUANT to service of notice, the respondents 1 to 3, i. e. , the police authorities have filed a detailed counter-affidavit in regard to the action taken by them in the matter.
( 3 ) THE Newspaper Clipping regarding ragging was treated as a writ petition and numbered as taken up WP No. 24460 of 2001. ( 4 ) PURSUANT to service of notice, the respondents 1 to 3, i. e. , the police authorities have filed a detailed counter-affidavit in regard to the action taken by them in the matter. It is stated therein that the enquiry officer enquired with all the first year students-freshers of the college as regards the incident of ragging reported to have been taken place in Gandhi Medical College, Komi, (sic) but none of them has come forward to give statements against the persons who have ragged them. But the confidential enquiries revealed that ragging took place in the Medical College. It is also stated that a meeting was convened by the Principal, Gandhi Medical College with the parents of the students. The Vice-Principal, the Chairman, Anti-Ragging Committee, the Deputy Commissioner of Police, East Zone Hyderabad and the Assistant Commissioner of Police, Chikkadpally and others have attended the meeting. In the said meeting, it is brought to the notice of the parents that some senior students in the college are indulging in ragging activity. The parents were requested to advice their children not to indulge themselves in ragging activity and not to harass the freshers. Thereafter the police have arrested the 5 accused persons in connection with Cr. No. 397/01 on 21-11-2001 and produced all of them before the learned XVII Metropolitan Magistrate along with remand report. The learned Magistrate released them on bail on personal bonds on the same day. It is seen from the counter-affidavit that the respondents-police authorities are taking every possible step to prevent ragging outside the college and further, the police advised the College Principal and other staff members to take necessary action to prevent ragging inside the college campus. ( 5 ) THE 5th respondent, the Principal of the Gandhi Medical College Kothi, (sick) Hyderabad has also filed a detailed counter-affidavit along with certain annexures. She stated in the counter-affidavit that in connection with the incident of ragging that had happened on 20-10-2001 during the regime of her predecessor, the then Vice Principal of the College had reported the matter to the police, Narayanguda Police Station and they have registered a case in that regard and it is pending.
She stated in the counter-affidavit that in connection with the incident of ragging that had happened on 20-10-2001 during the regime of her predecessor, the then Vice Principal of the College had reported the matter to the police, Narayanguda Police Station and they have registered a case in that regard and it is pending. According to the Principal no single ragging activity is noticed in the college campus or in the hostel premises on any day from the beginning of the admission of the freshers during her regime. And that there is no oral complaint or written complaint made by any junior students that they have been ragged by their seniors and even no complaint was lodged by the parents that some ragging incidents are made on their children in the college campus or in the hostels. She further stated that investigation in the matter was taken up by police and during the course of such investigation the names of five students suspected to have been indulged in ragging came up and the police authorities have taken two of them into custody after the college working hours. It is also stated that a parents meeting was convened on 16-11-2001 at 2 p. m. , in the college auditorium by the then Principal wherein DCP Anand also addressed the gathering and all the students have taken oath that they would never indulge or involve in ragging activity in future. It is also stated that all necessary steps were taken to prevent ragging and the incident reported was enquiry into by the police. ( 6 ) THE Vice-Chancellor of Osmania University, the 6th respondent herein has filed a separate counter-affidavit. According to the Vice-Chancellor a Circular is sent every year to all the Principals of Campus, Constituent, Government and Affiliated Colleges falling under the jurisdiction of the Osmania University, separately by Vice-Chancellor, Registrar and Dean of Students Affairs directing the Principals concerned to take necessary steps to prevent ragging as per the suggestions of A. P. State Council for Higher Education and University Grants Commission, New Delhi. Even posters were also circulated and pasted in the colleges against ragging. Principals were told to follow the guidelines in letter and spirit and were instructed to send compliance reports after taking necessary steps from time to time.
Even posters were also circulated and pasted in the colleges against ragging. Principals were told to follow the guidelines in letter and spirit and were instructed to send compliance reports after taking necessary steps from time to time. According to the Vice-Chancellor, the Osmania University has followed the same procedure even this year also and accordingly, Dean of College Development Council also sent a separate Circular to the Principals of all the colleges falling under the jurisdiction of Osmania University with the copies of directions of the Honourable Supreme Court of India. And periodical watch and utmost care is being taken by the University to prevent the incidents of ragging. Surprise checks and periodical checks are also undertaken by the University to prevent ragging. ( 7 ) IT is thus, seen from the counter-affidavits filed by the police authorities, the Principal of the College and also by the Vice-Chancellor of the Osmania University that all the authorities are taking necessary precautions as per the instructions of the Vice-Chancellor and the guidelines of the A. P. State Council for Higher Education, University Grants Commission, New Delhi and Honourable Supreme Court of India. The University is regularly on the vigil and steps are constantly being taken to prevent ragging. ( 8 ) IN our opinion, ragging by the senior students on the new entrants is a barbaric and brutal act. Students must always concentrate only on their studies. If any students involve themselves in ragging, the college authorities and the police must take drastic and severe action against them. And on being found guilty, the students concerned must be expelled from the college concerned. In the instant case, the police report clearly stated that confidential information revealed that there was ragging. However, the enquiry officer who enquired into the matter has stated that he has enquired with all the first year students but none of them has come forward to give statements against the persons who had ragged them. Under such circumstances, the police authorities must give sufficient police protection to the freshers so as to enable them to come forward and give evidence voluntarily and without any fear of being ill-treated by the senior students. The senior students, in our view, have no authority of right to harass the freshers.
Under such circumstances, the police authorities must give sufficient police protection to the freshers so as to enable them to come forward and give evidence voluntarily and without any fear of being ill-treated by the senior students. The senior students, in our view, have no authority of right to harass the freshers. The parents of the senior students must in turn advice the students not to involve or indulge themselves in such inhuman activities like ragging. We direct the police authorities to proceed further in the matter in connection with Cr. No. 397 of 2001, which is pending before the XVII Metropolitan Magistrate. The police authorities also shall give police protection to the students and others who come forward to give evidence in regard to the said ragging incident. Such an undersirable and inhuman activity shall be totally stopped in future by not only the Gandhi Medical College but also all other colleges/educational institutions in the State. And police authorities must take all precautions/stringent steps so that the evil of ragging is eradicated totally in future. ( 9 ) SUBJECT to the above observations, the writ petition in disposed of.