Ryan murder case: State yet to act on HC order to sanction police prosecution

More than three months after the Punjab and Haryana High Court directed the Haryana Government to take a decision within a month regarding prosecution sanction against four police officials accused of torturing a school bus conductor, the state has failed to act.

The officials — including a Deputy Superintendent of Police (DSP) — were chargesheeted by the CBI in 2021 for allegedly torturing bus conductor Ashok Kumar to extract a false confession in the 2017 Ryan International School murder case. A seven-year-old student was found murdered in the school toilet in Gurugram on September 8, 2017.

In the latest development, the father of the deceased child has approached the CBI Special Magistrate in Panchkula, arguing that sanction under Section 197 of the CrPC is not required to prosecute the accused officers.

“We have argued that the act of the four accused police officers charged in the case cannot be said to have been part of their official duties and therefore they are not entitled to the protection of Section 197 of CrPC,” said Sushil Tekriwal, counsel for the child’s father.

According to the CBI chargesheet, Haryana Police personnel tortured Ashok Kumar — including giving him electric shocks and injections — to extract a confession. Despite knowing that a senior student had committed the crime, the officers allegedly fabricated false evidence and coerced witnesses to frame Ashok, in an attempt to “screen” the real offender.

The CBI’s findings were corroborated by a medical officer at Civil Hospital Sohna, Dr Praveen Yadav, who noted that Ashok’s walk was not normal during examination on September 9, 2017. He had to be supported by police officials while walking. Later, on September 20, Ashok complained of body pain while in jail and was treated at the prison hospital.

Despite these findings, Haryana denied prosecution sanction, citing lack of medical evidence and terming the actions of the police an “error of judgment”.

The high court, on January 24, set aside the denial of sanction, calling the decision “arbitrary” and “non-speaking”. It directed the state to reconsider and issue a fresh decision within a month. However, no progress has been made since.

The CBI also found discrepancies in official records. Seizure memos titled “Government vs Ashok” were prepared during the day on September 8 — even though Ashok’s name was not in the FIR, nor had he been arrested or examined by then.

Ashok was later discharged from the case after the CBI arrested a senior student who committed the murder to postpone a Parent-Teacher Meeting.