Bhanwar Singh and Another vs State of Rajasthan

Gopal Krishan Vyas, J.—This petition has been filed u/s 482, Code of Criminal Procedure by the Petitioners for quashing FIR No. 201/2010, P.S. Shastri Nagar, Jodhpur for offence u/s 509, I.P.C.

This case came up for hearing on 03.08.2010. On that date, following order was passed by this Court:

This miscellaneous petition has been filed u/s 482, Code of Criminal Procedure for quashing FIR No. 201/2010, P.S. Shastri Nagar, Jodhpur on the ground that the FIR has been registered on the basis of complaint of the complainant Mahaveer Singh, A.S.I. posted at Police Chowki, Bhagat-ki-Kothi, P.S. Shastri Nagar, Jodhpur with the allegation that some students related to S.F.I. opened their shirts in front of Registrar of the University Smt. Nirmala Meena and news item was published on 15.07.2010, according to which, the said students committed offence of insulting the modesty of a woman, therefore, it is offence u/s 509, I.P.C.

According to learned Counsel for the Petitioners, the complainant Mahaveer Singh, A.S.I., Police Post Bhagat-ki-Kothi has no jurisdiction to file any complaint on behalf of the Registrar. The only aggrieved person who is the Registrar herself can file the FIR. Therefore, the said FIR may be quashed.

In this petition, the Investigating Officer was called in the Court with case diary. It emerges from the photographs available on record that the students entered in the office of the Registrar half naked wearing only the pants and they demonstrated their problem in an unseemly manner, that too, before lady Registrar of the University.

It emerges from the statement of the Registrar Smt. Nirmala Meena recorded in the course of investigation, in which, it is stated by her that she suffered mental agony, so also, she has been insulted by the demonstrators in her chamber.

It is true that complaint has not been filed by the Registrar of the University; but, the case has been registered upon complaint of the A.S.I. Mahaveer Singh. In my opinion, for the purpose of law and order, if any cognizable offence is reported, then, FIR can be registered by a police officer.

Now a days, it emerges from the investigations that students of the University are regularly approaching the University authorities for raising demands. It is true that in peaceful manner the students can raise their voice for demands; but, it is not permissible for them to create problems and nuisance or to insult or damage the education system of the University or colleges.

Upon investigation, it emerges that there is evidence that students are repeatedly raising voice for their demand and students elections are going to be held in the University and University has issued necessary directions to the students for participating in the elections; but, the students while raising their demands are creating unnecessary problems for the administration as well as to students also, therefore, in this matter, I deem it just and proper that for smooth and peaceful atmosphere in the University campus as well as girls college and other colleges of the University the investigating officer shall make the following investigation:

(1) The investigating officer shall obtain list of names of the students residing in the hostels allotted by the University/College administration to stay in the hostel.

(2) The investigating officer shall take confidential report from the Registrar once in a fortnight and Registrar of the University is directed to obtain confidential reports from all the colleges and institutions affiliated to the University with regard to peaceful atmosphere in the colleges/institutions.

(3) The Registrar of the University is also directed to ensure the compliance of the instructions issued to the students for participating in the student elections and if any student is found violating, then, to take appropriate action against him and give report to the investigating officer.

(4) The Registrar/Principal of the College shall issue notice to all the students whom rooms have been allotted in the hostels that they shall not allow outsider or other person to reside in the hostel.

(5) If the University administration feels that inspection of the hostels for the purpose of smooth and peaceful atmosphere of education system is necessary, then, take assistance from the concerned Police Station and, for the said purpose, a request may be made to the Superintendent of Police, Jodhpur.

(6) The Registrar of the University shall issue instructions to all the girls colleges not to allow any unwanted person to enter into the premises of the girls colleges and without permission no male student shall be allowed to enter into the premises of the girls colleges.

The compliance report with regard to the directions issued by this Court shall be made by 25th August, 2010. The investigating officer of this case is also directed to ascertain from the University as to what action has been taken against the students who are violating the instructions issued by the administration and what action has been taken by the University against the accused persons against whom this FIR has been filed.

The investigating officer is directed to remain present in the Court with case diary on 25.08.2010.

In pursuance of the above order, compliance report was to be furnished before this Court on 25.08.2010; but, on that date, no compliance report was filed either by the Investigating Officer or by the Registrar, JNV University, Jodhpur.

Today, in pursuance of order made by this Court on 06.10.2010, Registrar of the University Smt. Nirmala Meena and Addl. Superintendent of Police (West), Jodhpur Shri Narpat Singh are present in the Court.

A specific query was made by this Court with regard to the investigation in the above FIR No. 201/2010, it is informed by the investigating officer that till today no challan has been filed against any of the accused persons but, now, within no time challan will be filed in the Court.

The Dy. Govt. Counsel has filed certain submissions on behalf of the investigating officer, in which, the investigating officer has tendered unconditional apology for not complying with the directions in time.

Further, along with the written submissions, copy of communication dated 16.08.2010, written by the S.H.O., Police Station Shastri Nagar to the Registrar, JNV University, Jodhpur has been annexed as Annex.-R/1 and another document, one undated certificate under the seal of the Registrar, JNV University, Jodhpur has been placed on record for perusal of the Court as Annex.-R/2.

The Registrar, JNV University, Jodhpur Smt. Nirmala Meena has filed additional affidavit stating therein that she is working on the post of Registrar of University since November 2007 and, since then, she has been performing her duties with utmost sincerity and devotion towards the University. In the said additional affidavit, she has stated that she has personally tried to comply with each and every directions issued by this Court in regard to peaceful atmosphere in the University. It is also stated that she has personally communicated to the police administration for establishment of police chowki in both the campus-old and new and, in furtherance thereof, the police administration established one police post in the old campus of the University and so far as the police post in new campus is concerned she requested the officials many times by writing letters. But, till today, it is not established.

With regard to the incident which occurred recently in the University premises of an outrageous attempt made by some person to molest the modesty of a PG girl student, the Registrar has stated in the additional affidavit that the girl and her parents were asked to file FIR but they strongly refused, however, the matter has been referred to the Violence and Sexual harassment cell of the J.N.V. University, Jodhpur.

In regard to the incident which took place in her office, it is submitted by her in para 6 of the additional affidavit that 10 - 12 students came half necked in her office and all these students were sent out by the security men and at the same time they were warned of lodging police report as well as expulsion from the University and since they were regular students, therefore, no FIR was lodged against them.

It is stated in para 7 of the additional affidavit that Registrar of the University is executive officer and she is under oblighation to perform her duty assigned by the Syndicate and Vice Chancellor of the University to maintain peaceful atmosphere in all the faculties. At the end, she has deposed in the affidavit as follows:

However, I tender my unconditional apology for any unintentional mistake due to which the atmosphere of the university became bad.

I have perused the entire material on record and explanation filed before me.

Before issuing directions for true compliance of the order passed by this Court, it is worthwhile to observe that right of education is fundamental right of the citizens and it is sovereign function of the State in the democratic system to provide for education. It is, therefore, constitutional duty of the State to ensure maintenance of proper educational institutions. Earlier, in S.B. Civil Writ Petition No. 7675/2008, various directions were issued on 16.10.2008 by this Court in regard to providing security to the girl students of the University, which are reproduced below:

The Registrar, Jai Narain Vyas University, Jodhpur is directed to procure confidential report from all the Heads of Department of the various Faculties and Principal, Kamla Nehru Girls College, Jodhpur with regard to complaints with their own comments. These reports may be kept in sealed cover.

The Registrar of the University shall further ensure protection to the girl students of the University in various faculties as well as Kamla Nehru Girls College, Jodhpur.

The Superintendent of Police, Jodhpur is directed to monitor the security of girls of the University and different colleges and shall take action as and when any complaint/report is received from the Dean of the Faculty and Principal of the College immediately and provide proper security to the students. The Superintendent of Police is directed to give strict direction to the Police Station concerned in whose jurisdiction the colleges are situated to provide adequate security to the girl students of the college concerned and take strict action in accordance with law.

The Superintendent of Police shall also take report from the concerned Police Station about measures taken in the past for providing adequate security and peaceful atmosphere for the girl students.

The Principal and Heads of Department of the college/faculty/University wings are also expected to submit information to the Registrar from time to time with regard to the atmosphere of the institution. They shall furnish their report once every month to the Registrar of the University. Upon receiving the same, the Registrar shall take appropriate action and, if necessary, may take police protection also.

It is also expected from the Head of the University who is none else than the Vice Chancellor to take appropriate action without any fear against alleged illegal activities of those students who are creating problems not only for the girl students but the administration of the institution as well because the right to education is fundamental right and is required to be directed by the institution concerned.

Meaning thereby, repeatedly, this Court has been inviting attention of the University authorities to provide adequate security to the girl students and, so also, for maintaining peaceful atmosphere in the University and other educational institutions affiliated to the University; but, unfortunately, for last three years the academic atmosphere of the University has been declining and has become from bad to worse. Neither any action has been taken by the University against those students who are violating the rules and regulations and creating problems in the university area nor any serious effort has been made by the administration of the University for ameliorating the situation. What emerges time and again is only paper-work placed before the Court for perusal. Today, also, in her additional affidavit, the Registrar of the University has stated nothing to the satisfaction of the Court and, in fact, no proper measures have been taken and the recent incident of molestation of the PG girl in the campus area on 05.10.2010 warrants stringent action. It is admitted position that said incident took place in the JNV University campus area and, inspite of the orders passed by this Court, no heed was given by the Registrar for ameliorating the situation and it clearly reflects that there is no security available to the girl students in the new campus of the University. This is very serious matter.

In the first instance, Shri Narpat Singh, Addl. Superintendent of Police (West), Jodhpur is directed to make thorough inspection of all the hostels attached to the University and colleges/educational institutions affiliated to the JNV University, Jodhpur and if any unauthorized person is residing in the hostel without allotment or permission, such person shall be immediately evicted from the premises in the presence of responsible officers of the University. The Superintendent of Police, Jodhpur shall see that adequate staff is made available to Shri Narpat Singh for the said purpose. The Secretary to the Government, Home Department, Government of Rajasthan is expected to take care that in the meantime Shri Narpat Singh is not disturbed from his present posting until full compliance of the orders of the Court is effected. The report of the inspection and action taken in pursuance of this order shall be submitted before this Court on 22.10.2010.

Specific query was made from the Registrar, JNV University, Jodhpur with regard to academic atmosphere of the University and affiliated colleges/educational institutions but, unfortunately, no satisfactory answer has been given by the Registrar. Upon the query made by the Court with regard to appointment of Lecturers/Asstt. Professors in the University, no satisfactory reply has been given and it only emerges that the Registrar has tried to put the responsibility on the shoulders of the State Government. Such type of atmosphere in the educational institutions meant for imparting higher education cannot be countenanced. This Court cannot sit as a silent spectator. Therefore, it is strongly recommended to the State Government that the present Registrar of the JNV University should immediately be replaced and, in her stead, some other responsible officer should be posted as Registrar in the University well before the next date of hearing.

Since His Excellency the Governor of Rajasthan honours the office of Chancellor of the University, therefore, it is very much necessary that all these facts and circumstances are brought to the notice of His Excellency for issuing proper directions to the State Government. For the same, I deem it just and proper to direct the office to communicate this order to the office of Chancellor of the University, His Excellency the Governor of Rajasthan through the Addl. Chief Secretary to His Excellency.

List the case on 22.10.2010.