HC quashes FIR against Dr Janmeja

CHANDIGARH:Nearly eight years after a medical student ended his life after alleged ragging by his seniors at the Government Medical College and Hospital, Sector 32, the Punjab and Haryana High Court has quashed the FIR, complaint and other proceedings against Prof AK Janmeja, the then chief warden of hostels and Head, Department of Respiratory Diseases and Tuberculosis.

Saurabh Malik

Tribune News Service

Chandigarh, March 9

Nearly eight years after a medical student ended his life after alleged ragging by his seniors at the Government Medical College and Hospital, Sector 32, the Punjab and Haryana High Court has quashed the FIR, complaint and other proceedings against Prof AK Janmeja, the then chief warden of hostels and Head, Department of Respiratory Diseases and Tuberculosis.

Justice Kuldip Singh also made it clear that failure to prevent ragging could not be construed as abetment of suicide. The developments took place on a petition filed by Dr Janmeja against the State of Punjab and other respondents.

He was seeking quashing of the complaint, summoning order and the FIR for abetment of suicide registered on July 8, 2008, under Section 306 of the IPC at the B Division police station in Amritsar district.

The court was told that the victim, Manjot Singh, was admitted to the Government Medical College and Hospital, on the basis of merit after he secured the 36th rank in the all-India CBSE pre-medical and dental tests.

Justice Kuldip Singh asserted that the allegations were that the principal and the warden did not take steps to stop ragging, though a complaint was made. However, it was to be seen whether Dr Janmeja was the warden, controlling the administration of nursing hostel 2, where Manjot Singh stayed for two nights, August 1 and August 2, 2007.

Referring to an RTI reply placed before the Bench, Justice Kuldip Singh asserted that another doctor was the warden, while Dr Janmeja was the chief warden of all hostels.

“Dr AK Janmeja was not the warden and not the immediate in-charge of nursing hostel 2. According to the allegations levelled in the FIR, the complaint was made by Manjot Singh on August 2, 2007, when Dr Janmeja had already left to attend a workshop at Lucknow and he came back on August 4, 2007, when the incident had already taken place. Therefore, it cannot be said that Dr Janmeja in any way failed to prevent ragging, as alleged by the complainant….

“If the definition of abetment is examined, it comes out that failure to prevent ragging neither amounts to instigation to commit offence nor entering into a conspiracy nor it can be said to be intentionally aiding.

“The omission to exercise effective control over seniors in the hostel to prevent the incident of ragging cannot be stretched to make it an offence of abetment of suicide. The petitioner could have been made liable if he had created such a condition which resulted in suicide by Manjot Singh.

“Here the ragging was done by some seniors of the deceased and only allegations against the petitioner are that despite the complaint, he failed to prevent ragging. It being so, I am of the considered view that the offence of abetment of suicide by Manjot Singh is not made qua the present petitioner Dr Janmeja. Consequently, proceedings qua the petitioner, including the summoning order, are nothing but misuse of the process of court”.