AMIT KUMAR & ORS. v. UNION OF INDIA & ORS

Citation: (1972) 3 SCC 393, [2025] 3 S.C.R. 1579, (2011) 3 SCC 758, 2025 INSC 384, (2016) 9 SCC 1, (1972) 4 SCC 773, (1975) 4 SCC 153

Court: Supreme Court of India

Bench: J.B. Pardiwala and R. Mahadevan, JJ.

Judgment text

SUPREME COURT OF INDIA Amit Kumar & Ors. v. Union of India & Ors. Criminal Appeal No. 1425 of 2025 [2025] 3 S. C. R. 1579 : 2025 INSC 384 Amit Kumar & Ors. v. Union of India & Ors. (Criminal Appeal No. 1425 of 2025) 24 March 2025 [J. B. Pardiwala* and R. Mahadevan,* JJ. ] Issue for Consideration (i) What is the scope of section 174 CrPC and how is it different from investigation pursuant to filing of FIR under section 154 CrPC. (ii) Whether recourse to inquest proceedings under Section 174 of the CrPC by the Police obviates the requirement of registration of F. I. R. under section 154 of CrPC. (iii) What is the settled law with regard to registration of FIR as laid down by this Hon'ble Court. (iv) Whether the High Court was right in passing the impugned order rejecting the prayer for issue of writ of mandamus directing the Police to register FIR and investigate on it.

Headnotes† Scope of inquiry under section 174 CrPC - Explained: Held: Section 174 CrPC inquiry is limited in scope - Its purpose is ascertainment of the apparent cause of death - Inquest proceedings are concerned with discovering whether in a given case the death was accidental, suicidal, homicidal, or caused by an animal and in what manner or by what weapon or instrument the injuries on the body appear to have been inflicted and the evidence taken therefore is short as held in Chaman Lal v. Emperor, AIR 1940 Lah 210, at 214 - Inquest proceedings are conducted by the police or a Magistrate and conclude with the filing of an inquest report before the Sub-Divisional Magistrate (SDM), District Judge, or Magistrate as the case may be as explained in Pedda Narayana v. State of Andhra Pradesh,(1975) 4 SCC 153.

[Paras 21-23, 26] * Author 1580 Section 154 CrPC - Explained with case laws: Held: Section 154 CrPC lays down procedure for registration of First Information Report in cognizable offences - This Court in Ashok Kumar Todi v. Kishwar Jahan (2011) 3 SCC 758 explains procedure to be undertaken for initiating an investigation into a cognizable offence beginning with information about the commission of a cognizable offence, culminating in registration of F. I. R. and ending with filing of a chargesheet/challan before the competent court under Section 173 or a final report as the case may be - Objective of proceedings under Section 154(1) is explained by this Court in Manoj Kumar Sharma v. State of Chhattisgarh (2016) 9 SCC 1- Object and purpose of filing an F. I. R. though not substantive evidence has been explained in Sheikh Hasib AliasTabarak v.

State of Bihar (1972) 4 SCC 773 from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party. [Paras 24-25, 29-30] Investigations under sections 154 and 174 CrPC - How are they different: Held: The investigations conducted under Sections 154 and 174 of the CrPC respectively are distinct in nature and purpose - Investigation after registration of F. I. R. under Section 154 of the CrPC is an investigation into an offence and the investigation under Section 174 of the CrPC is an inquiry into the apparent cause of death - The phrase 'investigation' used in Section 174 CrPC is not to find out who are the offenders but an inquiry into the cause of death.

[Paras 24, 27-28] Section 154 CrPC - Settled law with respect to registration of FIR in light of case laws: Held: In Thulia Kali v. State of T. N. (1972) 3 SCC 393 this Court held that delay in lodging FIR quite often results in embellishment which is a creature of afterthought and report not only gets bereft of the advantage of spontaneity, but there could be introduction of coloured, exaggerated or concocted version - In State of Haryana v. Bhajan Lal (1992) Supp. 1 SCC 335it was held that, "It is, therefore, manifestly clear that if any information disclosing Amit Kumar & Ors. v. Union of India & Ors. a cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information.

" - The ratio in Bhajan Lal was affirmed by a Constitution Bench in Lalita Kumari v. Government of U. P. (2014) 2 SCC 1 where it was held that there is no reason that there should be any discretion or option left with the police to register or not to register an FIR when information is given about the commission of a cognizable offence when the legislative intent is clear from the section - Timely registration of FIR helps in upholding rule of law, prevent any undue delay in the commencement of criminal investigation, preservation of crucial evidence and protect the rights of victims. [Paras 31-35] Registration of FIR - Law summarized: Held: The aforesaid advisory makes the following very clear: i. Registration of an F. I. R. is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. ii.

If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not. iii. If the inquiry discloses the commission of a cognizable offence, the F. I. R. must be registered - In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week - It must disclose reasons in brief for closing the complaint and not proceeding further. iv. The police officer cannot avoid his duty of registering the offence if a cognizable offence is disclosed - Action must be taken against erring officers who do not register an F. I. R. if information received by them discloses a cognizable offence. v.

The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. 1582 vi. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case - The category of cases in which preliminary inquiry may be made are as under: a. Matrimonial disputes/ family disputes b. Commercial offences c. Medical negligence cases d. Corruption cases e. Cases where there is an abnormal delay in initiating criminal prosecution, for example, over three months delay in reporting the matter without satisfactorily explaining the reasons for delay - The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. vii.

While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days - The fact of such delay and the causes of it must be reflected in the General Diary entry. viii. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of an F. I. R. or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

[Para 46] Whether an FIR ought to have been registered by the Police in the facts of this case: Held: Offence alleged to have been committed under Section 3(1)(q) of the SC ST Act, 1989 is a cognizable offence under Section 18 of the said Act - Complaint made alleging abatement of suicide also discloses a cognizable offence under IPC - The Police ought to have followed due process of law i. e. , filed an FIR, investigated on it and filed a closure report if no case is made out - DCP (South-West District, New Delhi) to register the First Information Report in line with two respective complaints lodged in writing and depute any responsible officer, not below the rank of Amit Kumar & Ors. v. Union of India & Ors. Assistant Commissioner of Police, to undertake the investigation in accordance with law.

[Paras 40-42, 48] Responsibilities of educational institutions in case of such unfortunate circumstance - Elaborated: Held: Responsibility of maintaining the safety and well-being of students rests heavily on the administration of every educational institution - In the event of any unfortunate incident, such as a suicide occurring on campus, it becomes their unequivocal duty to promptly lodge an F. I. R. with the appropriate authorities - Such action is not only a legal obligation but also a moral imperative to ensure transparency, accountability,and the pursuit of justice. [Para 47] National Task Force to address mental health concerns of students and prevent the commission of suicides in Higher Educational Institutions - Constitution - Duties and powers. [Paras 69, 70, 71, 72, 75, 78] Case Law Cited Pedda Narayana v. State of Andhra Pradesh [1975] Supp. 1 SCR 84 : (1975) 4 SCC 153; Ashok Kumar Todi v. Kishwar Jahan [2011] 3 SCR 597 : (2011) 3 SCC 758; Manoj Kumar Sharma v.

State of Chhattisgarh [2016] 7 SCR 154 : (2016) 9 SCC 1; Sheikh Hasib Alias Tabarak v. State of Bihar (1972) 4 SCC 773; Thulia Kali v. State of T. N. [1972] 3 SCR 622 : (1972) 3 SCC 393; State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992) Supp. 1 SCC 335; Lalita Kumari v. Government of U. P. [2013] 14 SCR 713 : (2014) 2 SCC 1 - relied on. National Campaign on Dalit Human Rights v. Union of India[2016] 9 SCR 122 : (2017) 2 SCC 432; Farzana Batool v. Union of India [2021] 4 SCR 388 : 2021 SCC OnLine SC 3433 - referred to. Chaman Lal v. Emperor,AIR 1940 Lah 210 - referred to. List of Acts Code of Criminal Procedure, 1973; Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. List of Keywords First Information Report; Delay in registering FIR; Suicide; Higher Education; Indian Institute of Technology. 1584 Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1425 of 2025 From the Judgment and Order dated 30. 01.

2024 of the High Court of Delhi at New Delhi in WPCRL No. 2945 of 2023 Appearances for Parties Advs. for the Appellants: Mehmood Pracha, R. H. A. Sikander, Jatin Bhatt, Sanawar, Kshitij Singh, Ms. Nujhat Naseem. Advs. for the Respondents: Brijender Chahar, A. S. G. , Mukesh Kumar Maroria, Abhijit Pandove, Amit Sharma Ii, Mrs. Bani Dikshit, Varun Chugh, Gaurang Bhushan. Judgment / Order of the Supreme Court Judgment J. B. Pardiwala & R. Mahadevan, JJ. For the convenience of exposition, this judgment is divided into the following parts: INDEX* A. FACTUAL MATRIX ............................................................. 2 B. SUBMISSIONS ON BEHALF OF THE APPELLANTS ..... 24 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 2, 3, 4 AND 7 RESPECTIVELY ............................... 26 D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5 - IIT DELHI ................................................................ 30 E.

ANALYSIS .......................................................................... 41 i. Scope of Section 174 of the CrPC .............................. 44 ii. F. I. R. under Section 154 of the CrPC .......................... 50 * Ed. Note: Pagination as per the original Judgment. Amit Kumar & Ors. v. Union of India & Ors. F. CONCLUSION .................................................................. . 68 G. NATIONAL TASK FORCE TO ADDRESS THE MENTAL HEALTH CONCERNS OF STUDENTS AND PREVENT THE COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL INSTITUTIONS ................................................................. 69 1. Leave granted. 2. This appeal arises from the judgment and order passed by the High Court of Delhi, dated 30. 01. 2024, in Writ Petition Criminal No.

2945 of 2023 by which the High Court rejected the writ application filed by the appellants herein declining to issue a writ of mandamus to the Police for the purpose of registration of a First Information Report (for short, "F. I. R. ") in connection with the commission of suicide by two students - sons of the appellant no. 2 and appellant no. 3 herein respectively - while they were studying at the Indian Institute of Technology, Delhi (for short, "IIT, Delhi"). A. FACTUAL MATRIX 3. We propose to borrow the facts giving rise to this appeal straight from the impugned judgment of the High Court. The same reads thus: "1. The present petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners with the following prayers:- "a) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the police authorities or Respondent No.

6 to register appropriate FIRs in the cases involving the deaths of the sons of Petitioner No. 2 and Petitioner No. 3; and b) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the investigation of the cases to be done by Respondent No. 6; and 1586 c) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the Respondent No. 6 to conduct a thorough, impartial investigation into the caste based atrocities being committed in the premises of Respondent No. 5; and d) monitor the investigation of the case; and e) direct an independent inquiry into caste based atrocities being committed in the premises of Respondent No.

5; and f) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby commanding the Respondents to ensure strict compliance and implementation of provisions of SC/ ST(POA)Act,1989 and rules and regulations under the SC/ST(POA) Rules 1995. g) pass any other or further orders, as this Hon'ble Court may deem fit and proper in the circumstances of the present case. " 2. In brief the facts of the case are that Complaints dated 26. 07. 2023 and 09. 09. 2023 were filed by the petitioners who are the parents of two deceased students of B. Tech (Mathematics and Computing) at Indian Institute of Technology, Delhi, wherein, it was alleged that one student, namely, Ayush Ashna was found dead on 08. 07. 2023 at his Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel, IIT, New Delhi and another student, namely, Anil Kumar was found dead on 01. 09. 2023 in his Hostel Room No. EA-18, Ground Floor, Vidhyachal Hostel, IIT, New Delhi.

It is alleged in the complaints that they were murdered with the conspiracy of IIT Faculty members to hide the real facts and both the students have been falsely shown to have committed suicide. It is further alleged in the complaints that both the students belonged to Scheduled Castes and they had informed their parents several times regarding caste discrimination by the faculty/staff of IIT, Delhi and therefore, the petitioners alleged that the faculty members are trying to save the real accused persons and the police Amit Kumar & Ors. v. Union of India & Ors. officials are also not investigating the matter in a proper manner. In view of the above said complaints, an enquiry was conducted in both the cases. 3. As per the Status Report filed by the Ld. ASC, postmortem of the deceased Ayush Ashna was conducted vide PM No. 1500/23, wherein the cause of death was held to be "asphyxia as a result of hanging due to ligature".

During the course of enquiry, statements of father, brother, other relatives and friends of the deceased were recorded in which it was found that the deceased had failed in some of the subjects in the prior semester exams due to which he was under depression. They further denied any foul play or any suspicion regarding the death of deceased. Father of the deceased, namely, Ramesh Kumar had later given a written complaint in the police station, in which he alleged that his son Ayush Ashna was facing caste based discrimination by his hostel mates and other faculty members during the beginning of his academic year 2019-2020 and he also suspected in the complaint that his son could not have taken such steps and someone might have killed his son with the connivance of faculty members.

Therefore, to clarify the facts, the grade reports of Ayush Ashna were collected from IIT and it was found that during the 2nd semester of year 2022-23, he had failed in some of the subjects and got lower grades i. e. , Grade F which stands for Very Poor in 5 out of 7 subjects. During further enquiry, several other students of IIT, Delhi who belonged to Scheduled Castes and Scheduled Tribes were also examined, wherein none of them reported any caste-based discrimination against any of them. 4. In the case of Anil Kumar, postmortem of the deceased was conducted vide PM No. 2048/23 wherein the cause of death was held to be "asphyxia consequent to ante-mortem compression of neck by ligature". During the course of enquiry, statements of the brother, mother, other relatives and friends of the deceased were recorded who stated that due to scoring less marks in exams, deceased was under stress. They further denied any foul play or any suspicion regarding the death of deceased.

Brother of the deceased, 1588 namely, Amit Kumar had later given a written complaint in the police station, in which he alleged that Anil Kumar was facing caste- based discrimination by his teachers and other faculty members. He also suspected in the complaint that his brother could not have taken such steps and someone might have killed him with the connivance of faculty members and the faculty members are also trying to save the real accused persons. He further alleged in his complaint that there was some kind of bleeding from the ears of the dead body and blood stains were scattered all over the room and thus, the same does not appear to be an incident of suicide. 5. Accordingly, further enquiry was conducted in the case wherein it was found that Anil Kumar had taken admission in IIT Delhi in 2019 vide Entry No. 2019 MT10674 in B. Tech (Mathematics and Computing) and he was allotted Room No. SD-11, Vindhyachal Hostel at the time of admission.

During the semester period of 2020-21 and 2022-23, he got low grades in some of the subjects. Deceased Anil Kumar extended his stay at the hostel for the preparation of remaining subjects and completing the course and the same was granted by the relevant department immediately. Subsequently, he was allotted Room No. EA-18, Vindhyachal Hostel. The deceased could not clear some subjects and was residing in hostel on further six months extension. As per the rules, his hostel was to be vacated in June but as he could not qualify some subjects, he was given extension for six months to clear the exams. 6. On further verification of facts, it was revealed that the deceased passed all the subjects in 1st year but he later failed in two subjects out of seven subjects in 3rd semester.

Thereafter, in 4th semester he took only one subject and failed in the same, in the following year (2021-22) he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and finally in 8th semester he failed in two subjects out of six subjects and therefore, he was given an extension to clear all the subjects. Furthermore, Hostel allotment letters were also Amit Kumar & Ors. v. Union of India & Ors. analyzed and it was found that there was no column revealing the category of the students as to whether she/ he belongs to SC/ST/General category in any of the form and only entry number was mentioned in all the forms and thus, no evidence of caste-based discrimination against the deceased was found. " 4. Thus, it appears from the aforesaid that two young boys aspiring to be engineers were found dead in their respective hostel rooms under suspicious circumstances. Ayush Ashna was found dead on 08. 07. 2023 in his hostel room No.

WH-02 situated on the 7th Floor, Udaigiri Hostel, IIT, New Delhi, whereas, Anil Kumar was found dead on 01. 09. 2023 in his hostel room No. EA-18 situated on the Ground Floor of Vindhyanchal Hostel at IIT Delhi. 5. It appears from the materials on record that the father of Ayush Ashna lodged a complaint with the Dy. Commissioner of Police, South-West District, New Delhi, dated 21. 07. 2023, which reads thus: " Seal OFFICE OF THE DEPUTY COMMISSIONER OF POLICE SOUTH WEST DISTRICT RECEIVED BY: DHARAMPAL SIGNATURE : SD/ Dated:26. 07. 2023 Dated: 21. 07. 2023 To The DCP (South West District) Vasant Vihar, New Delhi-l10067 Subject: Complaint against the death of Ayush Ashna s/o Ramesh Kumar, student of 4th year B. Tech. (Mathematics and Computing) IIT, Delhi, Hauz Khas, New Delhi-110016. 1. The complainant is the unfortunate father of the deceased son Ayush Ashna, student of 4th year B. Tech, (Mathematics and Computing) BT, Delhi residing at his room No.

WH-02, 1590 Udaigiri Hostel, IIT Delhi-110016 and with heavy heart I am formally filing a complaint regarding the tragic death of my beloved son, Ayush Ashna, on midnight of 8th July, 2023 and I believe there circumstances surrounding his death that warrant a thorough investigation by your esteemed department and my son, Ayush Ashna was a 21 year old student who had a bright future ahead of him. His sudden and unnatural death has left us devastated and searching for answers. While I recognize that all of sudden and untimely and unnatural deaths have external causes and I have also reason to believe that there may have been factors contributing to his untimely and unnatural deaths, and I implore you to investigate the matter impartially and thoroughly and I seek a comprehensive investigation into the events leading up to our son's untimely and unnatural death. 2.

That my deceased son Ayush Ashna was a brilliant student from his school days, and in his first attempt he had cracked the prestigious JEE-Advanced 2019 exam and on the basis All India Rank in SC Category qualified to be admitted in First year of B. Tech. (Chemical Engineering) in IIT, Delhi in the academic year 2019 as this was proud moment for parents and relatives as their elder son also passed out from IIT, Delhi by completing B. Tech. (Civil Engineering) in the same year. 3. That my deceased son, since beginning of the academic year 2019-20 started facing caste based discrimination by his hostel mates and other faculty members however the complainant advised the deceased son to focus on his study only and over the time the all things will come in order. 4. That my deceased son Ayush Ashna was full of life and he always remained in touch with his mother and his elder brother as both residing in Delhi and with some close relatives who are also residing in Delhi. 5.

That my son changed his department from B. Tech (Chemical Engineering) to Department of Mathematics and Computing which clearly demonstrate that my son was doing well in study and might have a bright future ahead. Amit Kumar & Ors. v. Union of India & Ors. 6. That he had changed his hostel residence from Jwalamukhi Hostel to Udaigiri Hostel after his category was disclosed in a published branch change list. He told that he noticed a change in his friends behaviour as they grew distant and rarely talked to him. 7. That after COVID-19 restrictions were lifted and all students were allowed back to their respective hostel so as my deceased son Ayush Ashna took, residence in Udaigiri Hostel, IIT Campus, Delhi and was doing well and in his study. 8. That during his final year at B. Tech. , he had not performed well in some papers and thereafter he decided to stay in same Hostel for further studies and also registered in a summer course conducted by Mathematics and Computing in this regard.

9. That it is pertinent to mention that, 1st July, 2023 was my deceased son's 20th birthday and was greeted by his mother and brother and other near and dears and on phone he also discussed with his elder brother about further studies and other future prospect. 10. That on 5th July 2023 his elder brother and his mother called on his phone many times but no response was received and at night of 5th July 2023 the elder son and my wife alongwith her brother went to Udaigiri Hostel where the family of the deceased kept at dark for an hour and later on it was disclosed by the IIT Hostel authorities to his family present at hostel on the night of 8/9 July 2023 that the my son was left this material world by hanging himself. 11.

That after hearing this tragic and devastating news my elder son and my wife alongwith her brother lost conscious and went into unconscious stage as it was very hard to believe that how my young son of age of 21 years can take such extreme step as he had yesterday celebrated birthday. 12. That as it was so informed, by my wife and my elder son and my brother-in-law present at that time that the deceased son Ayush was found hanging, from his study desk with his knees resting on a small trolley bag and by looking the body its seems that someone murdered my 1592 son and tied rope and wires around his neck which was attached to leg of his of four feet study table, later on some crime team arrived and took some photographs of the crime scene. 13.

That was informed by my wife and my elder son and my brother-in-law (mama of deceased Ayush Ashna) it is also pertinent to mention here that by instant appearance of sitting posture of body has been hanged by someone else as there may not be sufficient pressure on neck in sitting posture of person and when height of body is more than 5. 8 feet. 14. That the IIT Delhi administration since beginning of the present tragic incident. 15. That it is highly improbable that my son can hang himself from with the table with the height of around four feet as my son was around 5. 8 feet tall and weighed around 75- 80 kg. as it is also important to mention here that during the periods of last four years with his stay in IIT Delhi not a single person complained against him about anything. 16. That IIT, Delhi as an educational institution, it is of utmost importance to prioritize the well-being of students specially hailed from marginalized society.

The loss of my deceased son Ayush Ashna is not just an isolated incident but a reflection of potential systemic deficiencies in the support and resources available to students facing caste based discrimination and harassment I feel compelled to bring the issue to your attention. 17. That Conduct a thorough investigation into the circumstances leading to untimely and unnatural death of my son Ayush Ashna and assess whether any deliberate negligence or oversight contributed to this tragedy. 18. That the biased attitude of IIT Delhi is also neglecting in the conduct of the IIT Delhi administration as on the fateful night, the concerned person IIT Delhi prevented, the mother, brother and mama (maternal uncle) to follow the ambulance upto the Safdarjung Hospital and confined the aforesaid person into IIT guest house and on 9th July Amit Kumar & Ors. v. Union of India & Ors.

2023 ambulance booked by the person concerned present at mortuary, Safdarjung Hospital broke down midway and adding insult to injury replacement ambulance arrived without equipped with freezer resultant body decomposed rapidly and according the complainant was forced by circumstances to perform last rites in the honour of departed soul during midnight. 19. That the till date no FIR, has been registered against the person/s responsible for tragic demise of my son Ayush. 20. That, the IIT Delhi administration is in process of suppressing vital information and playing down the tragic demise of my son Ayush and treating it as an another suicide case of due to study stress. And not even considering the possibility of murdering of the student of the marginalized society. 21.

That as a grieving parents, we understand that this investigation cannot bring our son back, but we hope that it may shed light on the circumstances surrounding his untimely and unnatural death of my son Ayush and further under the facts and circumstances as explained herein above, you are kindly requested to order for registration of FIR against the person involved in this well planned of our beloved young son Ayush Ashna and thorough and impartial investigation be made into the case against the person responsible for doing such heinous crime. 22. That it is my sincere hope that your esteemed department will take this complaint seriously and act promptly to do justice. By doing so, the esteemed department can demonstrate its commitment to the well-being of its students hailed from marginalized society and create a supportive environment that fosters growth and resilience. Sd/- (Ramesh Kumar) Father of deceased son Ayush Ashna R/o Plot No. 26, Lane No.

8, Rameshwaram Colony, Sacred Heart School Bareiily-243122 M. No. 9068401586. " 1594 6. In the same manner, on 09. 09. 2023, the elder brother of Anil Kumar lodged a complaint in writing with the Station House Officer, Kishangarh, New Delhi which reads thus: "Dated: 09. 09. 2023 To, Station House Officer Kishangarh, New Delhi Subject: Regarding the fearless murder of my younger brother Anil Kumar, S/o Suresh Kumar - Village Anosa, District Banda, Uttar Pradesh. In connection with the brutal murder due to racial hatred at IIT Delhi, Sir, I, Amit Kumar S/o Suresh Kumar, Village Anosa District Banda, Uttar Pradesh. Date 01. 09. 2023 in 7:25 I received call from someone who is saying I am professor, Aditya Mittal, who are of you Anil Kumar? I told him I am his elder brother. Then he said that Anil Kumar has committed suicide. After that I received lots of call from different phone numbers. Between the calls a college security officer named Balram Yadav also Call me (mob no.

9650612090) and told me that Anil Kumar committed suicide. Then around 10:30 PM Mobile No. 991632959, 1 got call saying that I am calling from Kishangarh IIT Delhi Anil Kumar committed suicide come to Delhi. I with my brother Aashis Kumar, brother in law Vimal Kumar, brother in law Vinod Kumar, mother Vidya Devi, wife Sunaina devi left for Delhi. On Dated 2-9-23 approx 7:30 AM we reached to Delhi. We called the same mobile number of Kishangarh police station and said, we have reached to Delhi but we are not able to find the way to the police station, you come and take us. Police said, you come yourself, we cannot come, we can send you the location. I said I don't understand. But police did not come to us. Amit Kumar & Ors. v. Union of India & Ors. After that I called Balram Yadav stating that I don' t know the way to the College, please send someone to pick me up. So they sent two guards who took us to the college guest house and did not give us any information for the next 2 hours.

On our continued request, we were taken to Anil Kumar's hostel Vindhyanchal. Where the gate was locked. When we asked the college to open the lock, they said that the key is with the police. Then someone told that there is a window, it will be visible from there, when I looked through the window, there was a lot of blood on the table and floor in the room. There were some other things lying in the room. We took videos and photos, then after seeing all this I said that my brother was murdered because of caste hatred. This is not suicide, my brother cannot commit suicide. He knew very well the situation at home and the circumstances how were we teaching him. On 27- 08-23 I sent Anil Kumar 15,000/- money for buying new mobile phone. On 29-08-23 he called me and told me that the mobile is working well. Then I asked him, is there anything like that? So he told me that sometimes inappropriate case based words are used by the teacher.

Then I called 9971632959, which is SI Dharmendra ji's mobile number, I told him that my brother was murdered, he is not commit suicide. Our family members were deeply shocked by Anil's murder. SI Dharmendra ji asked me to come Kishangarh police station, I again said, I do not know the way to Kishangarh police station. Then he said that you have to come here. At around 11:00 a. m. , Balram Yadav or some other people brought us to Kishangarh police station. At the police station, SI Dharmendra ji showed the video on mobile and laptop, I watched the video and told SI Dharmendra ji that this was not suicide but murder due to caste hatred. But he did not agree and kept saying again and again that it was suicide not murder. Then he introduced us to SHO Sir. 1596 SHO Sir said that his marks were low and he had failed in one subject, due to which he committed suicide. We said, again because of caste hatred Anil was murdered.

We have come from his college, professor Simon a madam who was his professor told us that Anil was very good in, studies, his marks never go down, nor can he commit suicide still police officials said it was suicide, not murder. Then we were made, to sign many papers and at around 12:10 pm, the police took us to ACT Yadav Sir of Sarojini Nagar police station, he also told us that Anil Kumar had committed suicide because his number was low then. I told him that 1 had talked to Anil Kumar on 29-08-23, he had told that sometimes, inappropriate case based words are used by the teacher otherwise everything is OK. Sir, he has been murdered. We demand CBI investigation for my brother at approx 12:40 pm police officer take us to Safdarjung hospital. Were got a lot of papers signed at the police station in the hospital. When the media persons tried to talk to us in. the hospital, the police told us that we cannot talk to the media.

We kept requesting the police to show the body of Anil Kumar for 2 hours, but the police refused. Then before the post mortem at 2:40 pm they took me, Vinod Kumar and Aashis to see the body. When we saw the body of Anil Kumar, there was red coloured cloth on the neck, we tried to remove the cloth the police or the doctor told us that the cloth could not be removed or nor we touch the body. Anil was murdered because of ruthless caste hatred, despite our repeated requests for the reason of asking the police did not remove the cloth and said that a video is being made, you can watch it. Blood was coming out from the ears of Anil Kumar and there was a lot of smell from the body, then we came out, after the post mortem we asked the police to show the CCTV camera of the college and Anil Kumar's room. The police showed the video of 10 or 15 minutes, after that they told us this will take time don't waste time. I.

asked the police office to give us the CCTV videos or to record the videos The policeman kept our phones, safe in his car and said Amit Kumar & Ors. v. Union of India & Ors. that we could not make videos. Then we were taken to Anil Kumar's room. There was a lot of blood and other things lying on the table or floor of the room. Then, I told to the police that how could this much of blood come from hanging. This is a murder committed due to caste hatred. Then we took the body from, the hospital and came to the Banda and after coming to Muktidhaam we opened the body and saw that there was soot on his mouth, hand and foot. We did videos and photos and on 03-09-2023 at 9:45 am Ani's last rites were performed then I remembered ones when Anil Kumar comes to home in may on vacation. Then he told me that, by the some of the college teacher always used caste indicative word and they said that 'how did you came here, you don't have right to study, this is not for you guys.

' I called SI Dharmendra ji three four times, but he did not pick up my call. Then I called later to asking when will the PM report come, he said that it will be received after 15 days, then I said why is it getting so late, he said, this is what happens. Just like my brother Anil Kumar was murdered on the basis of caste hatred. Similarly, something similar happened with Ayush student of the same department. And I have come to my knowledge that SC caste students are treated very badly in IIT Delhi. I request you Sir that my brother Anil Kumar has been murdered because of Caste Hatred. So register a case against culprits and take legal action. I want justice. Sd/- Amit Kumar Applicant Dated 09. 09. 2023. " 7. The record further reveals that a letter was addressed by an Advocate named Mahmood Pracha of New Delhi to the Chief Secretary, Government of National Capital Territory of Delhi on 13. 09. 2023, seeking directions to the Delhi Police to register the F. I. R.

in connection with the suspicious deaths of the two students referred to above. The letter reads thus: 1598 "Dated 13th September 2023 To The Chief Secretary Government of National Capital Region of Delhi Delhi Secretariat, IP Estate, New Delhi -110002 Subject: Request for directions to Delhi Police for registering FIR and effective and proper implementation of provisions of the Criminal Procedure Code and provisions under the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act and Rules made thereunder-Regarding- Dear Sir, I am constrained to inform you about the caste-based atrocities that were committed on the members of the following families belonging to the Scheduled Caste community due to which they have lost their sons who were studying at Indian Institute of Technology New Delhi.

The members of both the families have exercised their rights- under Section 15-A(12) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Hereinafter referred to as "SC/ST(POA) ACT" and Rule 4(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (Hereafter referred to as SC/ST (POA) Rules), which provide that the atrocity victims have the right to take assistance from NGOs, social workers or Advocates, and have sought my assistance as an Advocate to pursue their ease as they are facing continuous hardships, and further atrocities, from the erring Government/police officials in the murder of both the victims/deceased namely Mr Anil Kumar s/o late Shri Suresh Kumar resident of Banda District of Uttar Pradesh, and Mr. Ayush Ashna s/o Mr. Ramesh Kumar, resident of Bareilly, U. P.

Pursuant to their request for assistance under Section 15-A(12) "SC/ST (POA) Act" and Rule 4(5) "SC/ST (POA) Rules"), I have met the members of both families of the victims/deceased, namely Anil Kumar s/o late Shri Suresh Amit Kumar & Ors. v. Union of India & Ors. Kumar resident of Banda District of Uttar Pradesh, and Mr. Ayush Ashna s/o Mr. Ramesh Kumar resident of Bareilly, U. P. After the meetings based on the information given to me by them, which clearly shows gross culpability on part of police, teachers, professors, other officials, and some of unknown students in these cases, in helping the accused to escape the lawful punishment, I am compelled to inform you that there has been a flagrant violation/disobedience of most of the mandatory provisions of the SC/ST (POA) Act by various officials. The brief facts of both the matters are given below which are elaborated in the respective complaints. a) Mr. Amit Kumar S/O late Shri Suresh Kumar, a resident of Village Anousa, Distt.

Banda Uttar Pradesh presently residing at New Delhi has filed a complaint with SHO Kishan Garh New Delhi vide DD No. 71A dated 9th September 2023 and also with the office of Deputy Commissioner of Police (DCP) on 11/09/2023 vide diary No 11416 regarding gruesome and brutal murder of his younger brother, Mr. Anil Kumar, under mysterious circumstances due to caste related atrocities and discrimination committed on 01. 09. 2023 upon him in the premises of Indian Institute of Technology, Delhi, wherein he was studying. A copy of the said complaint is attached herewith as Annexure-I. b) Another complaint filed by Mr. Ramesh Kumar, a resident of Rameshwar Colony, Bareilly with the Office of Deputy Commissioner of Police (South West), Vasant Vihar New Delhi on 26. 07. 2023 vide diary No. 9584 regarding gruesome and brutal murder of his son Mr.

Ayush Ashna again tinder mysterious circumstances, due to caste related atrocities committed upon him and caste based discrimination in the premises of IIT, Delhi, who was studying there and residing in Udaigiri Hostel of Indian Institute of Technology, New Delhi. A copy of the said complaint is also attached herewith as Annexure-II. Needless to say that both the families are devastated by unnatural and mysterious death of victims (deceased persons) and they are running from pillar to posts for the 1600 justice so that guilty are punished. However, the Police have not registered any FIR in either case so far. In this regard, the following submissions are made for your kind perusal and immediate action. 1. That in both the cases, there are serious allegations of gruesome murder of their sons, who were otherwise quite academically brilliant, due to cast based, atrocities and discrimination in the IIT Delhi. 2.

That under the provisions of SC/ST(POA) Act, 1989, it is mandatory to lodge an FIR without any preliminary enquiry or investigation, as mandated under section 18 A of the Act. 3. That Rule 5 of the SC/ST (PoA) Rules, 1995 also provides that every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station, shall, be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing, or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered m a book to be maintained by that police station. 4. That the Hon'ble Supreme Court of India, in Lalita Kumari vs State of UP has held that "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation". 5.

That provisions under Section 4(2) of the SC/ST(POA) Act, 1989 provides for certain duties of public servant referred to in sub-section (1) that includes - a) to read out to an informant the information given orally and reduced to writing by the officer in charge of the police station before taking the signature of the informant. b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of Act; Amit Kumar & Ors. v. Union of India & Ors. c) to furnish a copy of the information so recorded forthwith to the informant; 6. That any violations of the provisions under SC/ST(PoA) Act and dereliction of duty referred to in sub section (2) by a public servant entails penal proceeding against such public servant. 7.

That the section 15A of the said Act provides for the statutory duty and responsibility of the State to make arrangements for the protection of various rights of the victims, their dependents as laid down therein, and to ensure the implementation of such rights and entitlements of the victims, and witnesses in accessing the justice. 8. That section 17 of the said Act casts an obligation upon the District Magistrate, or a Sub-Divisional Magistrate, or any Executive Magistrate, or even any Police officer, to declare such an area to be an area prone to atrocities where such atrocities are committed or likely to be committed and take necessary preventive action. 9. That Section 21 provides that the State Government shall take such measures as may be necessary for effective implementation of the Act. 10.

That Rule 3 of the SC/ST(PoA) Rules, 1995, provides that State government shall take precautionary and preventive measures with a view to prevent atrocities on the Scheduled Caste and Scheduled Tribes including identification of the area where it has reason to believe that atrocity may take place, constitution of a high power Statelevel committee, district and divisional level committees, or such number of other committees as it may deem proper and necessary for assisting the Government in implementation of the provisions of the Act, to set-up a vigilance and monitoring committee to suggest effective measures to implement the provisions of the Act, etc. 11.

That the provisions of other various Rules under the SC/ST(PoA) Rules, 1995 provide for the obligations and duties on the State Government such as setting up of the Scheduled Castes and the Scheduled Tribes 1602 Protection Cell under Rules 8, Nomination of Nodal Officers under Rule 9 for coordinating the functioning of the District Magistrates, and Superintendent of Police, or other officers authorized by them, investigating officers and: other officers responsible for implementing the provisions of the Act, Measures to be taken by the District Administration under Rule 12, specific responsibility of the state Government under Ruie 14 to make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity, to frame contingency Plan under Rule 15 for implementing the provisions of the Act and notify the same in the: Official Gazette of the State Government, Constitution of State Level high power Vigilance and Monitoring Committee under Rule 16, District level committee under Rule 17 and Sub Divisional Level under Rule 17A, to review the implementation of provisions of the Act, relief and rehabilitation facilities provided to the victims, and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act, etc.

12. That despite the above provisions contained in said SC/ST (PoA) Act, 1989 and Rules made thereunder, and directions issued by Hon'ble Supreme Court of India in Lalita Kumari vs State of UP, police have not yet registered FIR in both the matters in respect of above mentioned complaints cases, and hence flouted all the provisions of the said Act and Rules made thereunder, but also the provisions of Criminal Procedure Code. In view of the above circumstances, and fact of the abovementioned cases, you are humbly requested to kindly issue necessary directions to the Police to lodge FIR in both the cases at tile earliest and provide the copy of the same to the complainants. You are also requested to kindly order for immediate compliance of all the above-named provisions of the SC/ ST (POA) Act, 1989 and SC/ST (POA) Rules, 1995 made thereunder by the concerned officials. Amit Kumar & Ors. v. Union of India & Ors.

You are also requested to take immediate action under Section 4 of the SC/ST (POA) Act, 1989 against the concerned police officials of concerned police station namely Kishan Garh, and concerned DCP office of Vasant Vihar for not registering the FIR and deliberately changing the true version given by the, family members of the deceased to help the erring police/government officials, and also action against other officials for not undertaking their duties as per the mandate of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, who have till now disobeyed the above-mentioned mandatory provisions of the SC/ST (POA) Act, 1989. Thanking you Mehmood Pracha Advocate C-66, Second Floor Nizamuddin East New Delhi, 110013 Ph. No. 011-41404040" 8. The record reveals that all that was done by the Police was an inquiry under Section 174 of the Code of Criminal Procedure (for short, "the CrPC").

At the end of the inquiry, the Police reached the conclusion that the two students had committed suicide due to depression. In other words, the Police closed the matter saying that the two students were unable to cope up with the pressure of their respective studies and in such circumstances they both committed suicide in their respective hostel rooms. 9. However, the fact remains that at no point of time the Police thought fit to register the F. I. R. in accordance with the provisions of Section 154 of the CrPC and carry out the investigation in accordance with law, more particularly when complaints were lodged - one by the father and another by the brother of the two students prima facie disclosing commission of a cognizable offence. 10. In such circumstances referred to above, the appellants herein preferred a writ petition before the High Court of Delhi and prayed for issuing a writ of mandamus to the Police to register an F. I. R. and undertake the investigation. 1604 11.

The Delhi High Court declined to entertain the writ petition and rejected the same. 12. In such circumstances, the appellants are here before this Court with the present appeal. B. SUBMISSIONS ON BEHALF OF THE APPELLANTS 13. The appellants in their written submissions have stated thus: "i. That the present Written Submissions are being filed by the Petitioners in terms of the Order dated 07. 01. 2024 passed in the present SLP. ii. That the Petitioners have filed the present SLP against the impugned Order dated 30. 01. 2024 passed by the Hon'ble High Court of Delhi in Writ Petition (Criminal) No. 2945 of 2023, whereby the Writ Petition filed, inter alia, by the Petitioners for registration of FIRs in respect of the death of two students of the IIT Delhi, i. e. the respective sons of the Petitioners No. 2 and 3, was dismissed. iii.

That despite categorical Complaints (Annexure P-1 @ page 56 of the SLP and Annexure P-2 @ page 63 of the SLP) given by the Petitioners, which disclosed several cognizable offences, the Police had failed to register the FIRs. The Police had merely conducted an eyewash inquiry as part of the inquest proceedings, and had recorded false statements attributed to the Petitioners and their family members (Please refer to Paragraph 10 of the Counter Affidavit, and respective Paragraph Wise Rejoinders filed by the Petitioners) in order to present a case of suicide of the deceased students. It is submitted that the Petitioners No. 1 and 2 had stated in their Complaint itself (Annexure P-2) that they had been asked to sign on several papers without being informed about their nature. iv.

That the Petitioners had filed the Writ Petition before the Hon'ble High Court on account of the extremely biased and prejudicial conduct on part of the concerned Police officials, who had categorically stated that they would not register an FIR under any circumstances, and would be willing to face any consequences (Please refer to Paragraph 13 of Amit Kumar & Ors. v. Union of India & Ors. the original Writ Petition Annexure P-4 @ page 96 of the SLP). The Petitioners had also, inter alia, sought a CBI investigation before the Hon'ble High Court, and monitoring of such investigation. As such, in these circumstances, an application under Section 156(3) of the CrPC was not an efficacious remedy for the Petitioners. v.

That it is further submitted that the Hon'ble High Court had failed to appreciate that even if the case of the Police is taken at its face value, and it is assumed that the students died due to suicide, it is still incumbent on the Police to register the FIRs on the Complaints made to it, and investigate the abetment of such possible suicide within the campus of the IIT Delhi. vi. That it is submitted that the IIT Delhi Administration had failed to put forth its case before the Hon'ble High Court, and has failed to even appear before this Hon'ble Court despite service, to present its version of events, and its stand. There has been no manner of support or assistance by the IIT Delhi Administration for the parents and the family members of the deceased students.

It is submitted that such oblivious and disinterested conduct on part of the IIT Delhi Administration, towards a case involving the death of its two students within its campus in a span of less than two months, further strengthens the case of the Petitioners that an investigation is necessary into these deaths. vii. That it is submitted that the Police has, for the first time before this Hon'ble Court, placed on record the Post Mortem Reports of the deceased students and the purported statements recorded during the inquest proceedings, including those stated to have been given by the Petitioners and their family members. It is submitted that the statements attributed to the Petitioners and their family members are doctored and false, which is besides the fact that the Hon'ble High Court had failed to call for these documents from the Police, and had simply relied upon a concocted Status Report, contents whereof had been categorically rebutted by the Petitioners. viii.

That it is settled law that at the stage of registration of FIR, the Police has to simply consider whether a cognizable offence is made out or not, from the information/complaint. It is submitted that in violation of the settled proposition of law, and in complete derogation of the procedure prescribed by the Code of Criminal Procedure, 1973 (as was then applicable), and Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Police has conducted a detailed inquiry without registering an FIR for the sole purpose of substantiating a predetermined conclusion, i. e. , that the deceased students had committed suicide due to academic pressure. It is submitted that the record itself reflects that the deaths of these students require detailed and thorough investigations, which cannot be initiated, let alone concluded, without registration of FIRs. ix.

That hence, it is submitted that this Hon'ble Court may kindly be pleased to issue necessary directions for registration of the FIRs into the deaths of the deceased students, investigation by the Central Bureau of Investigation (CBI), and may kindly be pleased to monitor the investigation. " C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 2, 3, 4 AND 7 RESPECTIVELY 14. The respondent nos. 2, 3, 4 and 7 in their written submissions have stated thus: "1. Names of deceased: (i) Ayush (death on 08. 07. 2023) (ii) Anil (death on 01. 09. 2023) 2. Complaints dated 28. 07. 2023 & 9. 9. 2023 were lodged before Police by parents of deceased alleging castebased discrimination in the hostel and that they have been murdered. 3. Then WP (Crl. ) No. 2945 of 2023 was filed before the Hon'ble High Court of Delhi praying for direction to register FIR and an independent inquiry in castebased atrocities. Amit Kumar & Ors. v. Union of India & Ors. 4.

In view of the above said complaints, it submitted that a fair enquiry was conducted under Section 174 CrPC in both the cases which is as follows: A. IN CASE OF DECEASED AYUSH ASHNA i. On 8. 7. 2023: Upon receiving a PCR call regarding suicide of a student in Udayagiri Hostel, IIT Delhi, police officials reached the spot i. e. Room No. WH-02 7th floor, Udayagiri Hostel, IIT, New Delhi. In the presence of IIT staff, mother, brother of deceased and maternal uncle of deceased, the door of the room which was locked from inside was broken wherein it waw found that Ayush was found hanging. Post Mortem Report (R-1 @pg. 11-13) : Death is due to asphyxia as a result of hanging due to ligature. However, viscera has been preserved to rule out any concomitant poisoning/intoxication. ii. Annexure R-3 @ pg.

17-42 During the course of enquiry, statements of Father, Brother and other relatives/friends of the deceased was recorded in which it was found that Ayush Ashna had failed in some of the subjects in prior semester exams due to which he was under depression and because of that he might have taken this extreme step. They further denied any foul play or any suspicion regarding the death of Ayush. a. Ramesh (Father of Ayush): Ayush took this step under depression. He does not have any doubt on death of his son. b. Rahul (Brother of Ayush): I am also IIT Delhi pas out. Ayush was under depression due to failing. The hostel door was broken in front of us. Ayush had committed suicide on table by plastic rope and extension wire. There is only one way entry and exit to the room of my brother, which was locked from inside. I do not have any doubt on death of my brother. 1608 c. Sushma (Mother of Ayush): He was not picking calls since morning of 8. 7. 2023.

He was in tension due to failing in one or two subjects, room as broken in front of us, I do not have any doubt on death of my son. d. Praveen (Professor and in charge SC/ST Cell: since his appointment in SC/ST cell, he never received any complaint of caste based discrimination from Anil and Ayush. e. Geratony Abhishek (student): Both Late Anil Kumar and Ayush were students of my class. I am also studying in extended period and both students were also studying in extended period. He had received one WhatsApp message from Ayush regarding his one semester due. There was no caste based discrimination with the deceased. I also belong to SC caste but there was never any caste based misbehaviour with me and there is no partition on caste basis. f. Kaushal Verma (student): Being from SC category I have never faced any caste based remarks. g. Pritish (student): Late Anil and Ayush were also studying in extended period. There is no discrimination on caste basis.

I am also from SC and there has never been any misbehaviour. iii. Annexure R 4@pg. 43 Grade reports of Ayush Ashna were collected from the IIT and it was found that during the 2nd semester period of year 2022-2023, he had failed in some of the subjects and got lower grades (Grade F, in 5 out of 7 subjects which stands for Very Poor. B. IN CASE OF DECEASED ANIL KUMAR i. It is submitted that on dated 1. 9. 2023, a PCR call was received regarding suicide of student in Vindhayachal Hostel, IIT Delhi. On reach the spot i. e. Room No. EA -18, Ground Floor, Vindhayachal Hostel, IIT, New Delhi, it was found that the same was locked and smell was coming from inside. Accordingly, in the presence Amit Kumar & Ors. v. Union of India & Ors. of IIT staff members and the police, the door of the room was broken. Anil was found hanging from the ceiling fan of his room with the help of bedsheet and towel. The body was in a decomposed state.

Post Mortem Report (R-2@pg 14-16): "Death is due to asphyxia consequent to ante-mortem compression of neck by ligature". Annexure R-3 @pg. 17-42: Statements of brother Amit, mother, hostel staff and friends were taken who stated that Anil was under depression due to less marks: a. Amit (brother of Anil): Anil was student of 2019-2023 session, for 2 years he stayed at home. On 30. 8. 2023, I talked with Anil and he was under depression due to fail and less marks in exams. On 01. 09. 2023, I got a call from IIT that Anil has hanged himself from a ceiling fan. I have no doubt but enquiry be done. b. Vidya Devi (Mother of Anil): For 2 years he stayed at home due to lockdown, due to less marks Anil was under depression, enquiry be done. c. Naveen Kumar (student): Anil was my classmate and his room was near to my room. His position in studies was not good. Anil never complained about caste discrimination, and he always remained alone and did not talk with others.

I have never seen or heard any caste-based discrimination. d. Vaibhav Shivrani (student): I am house secretary in Vindhyachal Hostel and my work is to forward the complaint of students and there was never any issue of ST/SC with Anil. e. Anil Nawani (Security Inspector): Guard of Vindhyachal Hostel called on 1. 9. 2023 that bad smell is coming from room No. EA-18. The window was opened from behind of the room and deceased was seen hanging from fan. 1610 f. Kailash Meena (student of Room No. EA-17): Foul smell was coming and on knocking room no. EA- 18 there was no response and just below the door yellow liquid was seen and flies were there, informed the guard. ii. On 09. 09. 2023 Amit Kumar (Petitioner/brother of the deceased) gave a written complaint in the police station, alleging caste-based discrimination by his teachers and other faculty members and murder.

He had also alleged that there was some kind of bleeding from ears of the dead body and blood stains were scattered all over the room which cannot be an incident of suicide. iii. Accordingly, further enquiry was conducted. It was found there was no column revealing the category of the student whether he/she belongs to SC/ST/General category in any of the forms, only entry number was mentioned in all the forms. Annexure R-4 @pg. 44: He failed in two subjects out of seven subjects in IIIrd semester. In IVth semester he took only one subject and he failed in the same. In next year (2021-2022) he did not pass any subject. In VIIth semester he failed in one subject out of six. In VIIIth semester he failed in two subjects out of six subjects. He was given an extension to complete his subjects. 5. In the Hostel allotment letters it was found that there was no column revealing the category of the students as to whether she/he belongs to SC/ST/General category in any of the form. 6.

The Hon'ble High Court found that no complaint was ever given by any of the deceased students to the police, SC/ST cell of IIT Delhi or to any of their friends regarding caste-based discrimination and held that mandamus as prayed cannot be issued in the present case. 7. That, during the course of enquiry, the allegations levelled could not be corroborated and nothing came on record to substantiate the same. " Amit Kumar & Ors. v. Union of India & Ors. D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5 - IIT DELHI 15. IIT, Delhi in their written submissions have stated thus: "1. That the present Special Leave Petition has been preferred against impugned Final Order and Judgment dated 30. 01. 2024 passed by the Hon'ble High Court of Delhi in Writ Petition (Criminal) No. 2945 of 2023, whereby the Hon'ble High Court rightly dismissed the Writ Petition as it was devoid of merits. 2. Briefly stated that both Mr. Anil Kumar and Mr. Ayush Ashna were students of B.

Tech in the Indian Institute of Technology, Delhi (hereinafter referred to as "IIT, Delhi") and that Petitioner no. 1 and Petitioner no. 2 are the brother and mother of Anil Kumar and Petitioner No. 3 is the parent of Ayush Ashna. 3. That Mr. Ayush Ashna was found dead on 08. 07. 2023 at his Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel, IIT, New Delhi and another student, namely, Mr. Anil Kumar was found dead on 01. 09. 2023 in his Hostel Room No. EA-18, Ground Floor, Vindhyachal Hostel, IIT, New Delhi. 4. It is pertinent to mention at this juncture that the death of both the students were approximately two months apart and both the deaths cannot be interlinked to each other in any way. Brief facts surrounding the death of Mr. Ayush Ashna: 5. That on the night of 8th July 2023, at approximately 2300 hrs. , Ayush Ashna's mother called the reception of Udaigiri hostel and informed the guard on duty that her son Ayush Ashna, resident of Room No.

WH-02, was not answering his phone. She also requested the guard to look for him. 6. Subsequently, the guard went to Room No. WH-02 and found that it was locked from inside. The guard knocked several times, and on not receiving any response, immediately reported the matter to the Security Control 1612 room as per protocol. The Security team rushed to the hostel room and knocked, but there was still no response. 7. The Security staff then looked inside the room through the ventilator and saw what appeared to be a non-moving body with the neck rolled to one side, hanged to an inverted study table. The matter was immediately reported to Delhi Police and other IIT Delhi authorities. IIT Delhi authorities reached the hostel main gate within minutes and almost simultaneously and independently, without having any further contact with the Answering Respondent, the student's mother, brother, and maternal uncle also arrived at the hostel. 8.

That while the Hostel warden was speaking with the student's parent/relatives, Delhi police PCR also reached the hostel main gate. The situation was now under the charge of Delhi Police who took over and reported the matter as per law. 9. It is submitted that at this juncture, everyone present, including the family was informed by the Police of the tragedy. The Police took over the scene and initiated their official procedures. When the family requested that they be allowed to go inside the room, the Police said that the Crime Branch was on the way and asked them to wait for the Inquiry Officer (hereinafter referred to as "I. O. ") to arrive at the spot. 10. Thereafter, within another few minutes, the Police team from the Kishangarh Police Station arrived. The police then broke open the room door following due procedure, and in the presence of the family; inside a body was discovered and identified by the family as that of Ayush Ashna. 11.

Two doctors from the IIT Delhi hospital confirmed the body to be lifeless. Subsequently, the crime branch also arrived, took charge of the scene, and spoke with the family. Post suicide information 12. The tragic news was a shock to all present. IIT Delhi personnel provided all possible assistance during this Amit Kumar & Ors. v. Union of India & Ors. challenging time and faithfully followed all instructions from the Police and Crime Branch. All possible support for the family was ensured, including a medical doctor and a counsellor was provided by IIT Delhi. 13. It is submitted that IIT Delhi is fully committed towards the safety and security of its students. After receiving the telephone call from the student's mother, IIT Delhi security responded and acted as swiftly as possible and informed the Delhi police immediately- all within 30 minutes of the initial telephone call. Delhi police also arrived most promptly within minutes. 14.

It is submitted that as per the postmortem report of the deceased Ayush Ashna, the cause of death was held to be asphyxia as a result of hanging due to ligature. 15. Thereafter, an enquiry was conducted to understand the cause of death. During the course of enquiry, statements of father, brother, other relatives and friends of the deceased were recorded in which it was found that the deceased had failed in some of the subjects in the prior semester exams due to which he was under depression. 16. Consequently, the grade reports of Ayush Ashna were seen and it was found that during the 2nd semester of year 2022-23, he had failed in some of the subjects and got lower grades i. e. , Grade F which stands for Very Poor in 5 out of 7 subjects. 17.

It is pertinent to mention herein that no complaints regarding any caste-based discrimination have been found and there is no record of any complaint being received from the deceased or any of his family members since 2019- 2020 by the College authorities. It is further pertinent to note that during the enquiry, the relatives of the deceased denied any foul play or suspicion regarding the death of the deceased. 18. Thereafter, father of the deceased, namely, Ramesh Kumar gave a written complaint to the police station on 26. 07. 2023, wherein it was alleged that his son Ayush Ashna was facing caste-based discrimination by his hostel 1614 mates and other faculty members during the beginning of his academic year 2019-2020 and he also suspected in the complaint that his son could not have taken such steps and someone might have killed his son with the connivance of faculty members. 19.

That IIT Delhi took due consideration to the complaint filed by the deceased student's father and therefore submitted a point-by-point response dated 14. 08. 2023 to the representation made by Mr. Ramesh Kumar to clarify his doubts regarding his Complaints surrounding his son's death. Brief facts of case surrounding the death of Mr. Anil Kumar: 20. It is submitted that Anil Kumar had taken admission in IIT Delhi in 2019 in B. Tech, Mathematics and Computing and he was allotted Room No. SD-11, Vindhyachal Hostel at the time of admission. During the semester period of 2020-21 and 2022-23, he got low grades in some of the subjects. 21. That the deceased Anil Kumar extended his stay at the hostel for the preparation of remaining subjects and completing the course and the same was granted by the relevant department immediately. Subsequently, he was allotted Room No. EA-18, Vindhyachal Hostel. 22.

It is submitted that the deceased could not clear some subjects and was residing in hostel on further six months extension. As per the rules, his hostel was to be vacated in June but as he could not qualify some subjects, he was given extension for six months to clear the exams. 23. It is submitted that the deceased passed all the subjects in 1st year but he later failed in two subjects out of seven subjects in 3rd semester. Thereafter, in 4th semester he took only one subject and failed in the same, in the following year (2021-22) he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and finally in 8th semester he failed in two subjects out of six subjects and therefore, he was given an extension Amit Kumar & Ors. v. Union of India & Ors. to clear all the subjects.

Therefore, in toto, the deceased Anil Kumar was failing in two subjects out of seven subjects in 3rd semester, in 4th semester he took only one subject and failed in the same, in the following year he failed to pass any subject, in 7th semester he failed in one subject out of six subjects and in 8th semester he failed in two subjects out of six subjects. 24. It is pertinent to note that the students are nowhere required to reveal the category as to whether the students belong to SC/ST/General category. Hostel allotment letters also prove that there was no column revealing the category of the students in any of the form and only entry number was mentioned in all the forms and thus, no evidence of caste-based discrimination against the deceased was found. 25. That on the evening of 1st September 2023, at around 5pm, a student residing in one of the ground floor wings in Vindhyachal hostel reported a foul smell to the hostel caretaker.

Thereafter, it was found that the neighbouring room's door was locked from inside and glass panes of the grilled window facing the hostel basketball court were also shut with the curtains drawn. 26. Consequently, the warden and security were immediately called, who then reached the hostel. The security unit pried open the window-pane from outside and undrew the curtain. They discovered a hanging body. Post suicide information 27. The security immediately called the police and the warden informed the Dean Student Affairs. The Dean and Associate Dean reached Vindhyachal hostel within minutes. Three Counsellors were also immediately called, and arrived within minutes, to talk to other residents of the hostel. 28. By approximately 06:10 PM, the police and fire department personnel arrived at the hostel, followed by Crime branch. The Chief Medical Officer of IIT Delhi was also called, who immediately arrived at the hostel.

The police then took over the proceedings, the ACP arrived 1616 at approximately 07:10 PM and their fire personnel broke the door open at approximately 07:15 PM. The body was identified as that of student Anil Kumar residing in the room as per records. 29. Immediately, upon identification of the body, IIT Delhi officials tried contacting the mobile numbers of family, provided as per the student records. By approximately 1930 hrs. , Mr. Amit Kumar, elder brother of the student, could be contacted on the phone. He was informed of the tragic loss and was requested to reach IIT Delhi at the earliest possible. Mr. Amit Kumar informed that they had lost their father a few months ago, and at the present time the whole family was in their village 600-700 Km away from Delhi. They will try to reach by the morning of 2nd Sept. 2023. 30. Thereafter, Director, Dy. Director Operations, Registrar, Dy. Registrar Student Affairs also reached the hostel.

An ambulance was called and the police took custody of the body at approximately 2050 hrs. for transporting to the Safdarjung hospital mortuary. 31. Thereafter, postmortem of the deceased was conducted vide PM No. 2048/23, wherein the cause of death was held to be "asphyxia consequent to ante-mortem compression of neck by ligature". 32. It is submitted that Mr. Amit Kumar, along with his family, reached IIT Delhi faculty guest house by approximately 0730 hrs. on the morning of 2nd Sept. 2023. Warden, SC/ ST Liaison Officer, former SC/ST advisor, Head Counsellor, Director, Dean, Associate Dean met with the family. On their request, family were taken to Vindhyachal hostel to look at the student's room from outside. 33. During the course of enquiry, statements of the brother, mother, other relatives and friends of the deceased were recorded who stated that due to scoring less marks in exams, deceased was under stress. 34.

It is pertinent to mention herein that the family and relatives of deceased further denied any foul play or any suspicion regarding the death of the deceased. Amit Kumar & Ors. v. Union of India & Ors. 35. Academically, Anil Kumar had finished a little less than 50% of the 150 credits required for the award of a BTech degree. He was identified as a student who was underperforming academically. His advisor reached out to him; unfortunately, a meeting did not materialize. 36. Outside of academics, he had not approached the counselling unit for any assistance. In the first week of June 2023, he had informed the hostel caretaker, while beginning his extended hostel stay, that he had lost his father. Below is the hostel residence history of Mr. Anil Kumar (2019MT10674) as per records: (i) Pre-pandemic: Resident of Vindhyachal hostel from 15th July 2019 till vacating due to pandemic. (ii) Post-pandemic: Resident of Vindhyachal hostel from 19th April 2022 till current date.

After completion of applicable tenure of 8 semesters, the student requested extension of stay for completion of remaining credits on 1st June 2023 (extension request form was duly recommended and forwarded by Course Advisor and Head of Department of Mathematics). Extension of stay was granted as per rules, either till end of 1st Sem 2023-24 or 26th Dec. 2023 (whichever is earlier), on 2nd June 2023. 37. It was only on 09. 09. 2023, that Mr. Amit Kumar (brother of Anil Kumar) gave a written Complaint in the Police station, wherein he alleged that Anil Kumar was facing caste-based discrimination by his teachers and other faculty members. It is pertinent to bring to the notice of this Hon'ble Court that this is the first time any such Complaint of caste-based discrimination was being heard of from the deceased or his family. Submissions: 38.

That it is the policy of the institution that before the start of every semester, students who have previously underperformed academically are identified. Then they are advised to take a slower pace academic program to avoid overburdening. Their respective faculty advisors are 1618 notified as to their deteriorating academic performance and are asked to contact their advisees for any help with the scholastic pursuits. Thereafter, the faculty advisors contact the students, and on a regular basis continue to contact, to discuss any issues that they might have with respect to their course and graduation plans. 39. During the time relevant for the present case, the same procedure was followed and about 10% of students were recommended for counselling sessions through this intervention, and a handful of students were identified as requiring language support. 40.

It is submitted that the institution takes every complaint regarding caste-based discrimination with utmost seriousness and the apprehensions of the parents of the deceased were also duly considered. In this regard, a thorough enquiry was conducted wherein statements of family and friends of the deceased were recorded and several other students of IIT, Delhi who belonged to Scheduled Castes and Scheduled Tribes were also examined. During this enquiry, not even a single assertion cropped up which suggested that the deceased students were murdered in the campus and as a matter of fact, none of those students had ever reported any caste-based discrimination either by any faculty members or anybody else within the institution. 41. It is also pertinent to mention herein that no complaint was ever given by either of the deceased students to the Police or to the SC/ST Cell of IIT, Delhi regarding any caste-based discrimination.

Moreover, in order to mitigate the possibility of bigotry and discrimination amongst the students, it is the policy of the institution that no person, except the Dean of Academics, is aware about the category to which any student belongs and all students are treated equally in the campus by all the staff members. It is further submitted that the students are not required to disclose their castes in any other forms filled by them during their time at IIT Delhi. 42. That in order to bring forth the actual facts of the death of the deceased students, a detailed enquiry was Amit Kumar & Ors. v. Union of India & Ors. conducted, wherein all relevant materials were collected and subjected to rigorous scrutiny.

In the absence of any specific allegation or even an iota of evidence in the enquiry suggesting any caste-based discrimination in the present case or that the deceased committed suicide for any reason other than weary academic load, it is humbly submitted that there are no grounds for either registration of FIR or directing CBI to investigate the matter in the present case and the same deserves to be dismissed. 43. It is submitted that IIT Delhi is fully committed to the physical and mental well-being of all the students, including those belonging to marginalized groups. It is the top priority of the answering respondents to eradicate caste-based discrimination and/or any form of harassment from the academic pursuits of its students. IIT Delhi makes conscious efforts to encourage, counsel and motivate the students. 44. IIT Delhi has a zero-tolerance policy for any discrimination inflicted by any person in the campus and stringent steps are taken to expunge such possibilities.

The institution ensures that any systemic deficiencies that can be identified are immediately addressed. 45. It is submitted that in order to aid the scholastic journey of the students at IIT Delhi, each undergraduate student in the Institution is allotted a faculty advisor. This information is constantly reflected on the institute academics portal, which is routinely accessed by each student for various purposes, including fees payment and registration for courses. The advisors are also informed of their advisees on their respective academics' portal. Advisees can meet their advisor at any time to discuss their issues. 46. Further, a Board of Student Welfare (BSW) has also been established at the Institute which assists in ensuring student wellness and addressing mental health issues.

In addition to being led by an elected student General Secretary, this board is also mentored by several faculty members, with the Associate Dean Student Welfare (ADSW) serving as the President of the Board. BSW 1620 reaches out to students and regularly encourages them to come forward with any issue that they may face during their time at IIT Delhi. 47. Additionally, the Institution operates a separate Counselling Unit to aid mental tonicity of the students. Currently, there are three female and one male counsellors in this Unit from diverse backgrounds. Two counsellors (one female and one male) reside on campus and are available 24x7 on call. Four (04) more permanent counsellor positions have also been advertised and the hiring process is underway. Services of an online counselling portal (Your Dost) are also made available to all students 24x7. 48.

The Institution also ensures that at least one contractual psychiatrist remains physically available in the hospital at the campus from 0800- 2000 hrs. Mon-Fri