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Delhi High Court - Orders

Courts On Its Own Motion In Re: Suicide ... vs Unknown on 22 February, 2024

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

                                    $~2
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(CRL) 793/2017 & CRL.M.A. 13198/2017, CRL.M.A.
                                                14493/2017, CRL.M.A. 15145/2017, CRL.M.A. 16619/2017,
                                                CRL.M.A. 16639/2017, CRL.M.A. 3556/2018, CRL.M.A.
                                                4559/2018, CRL.M.A. 8441/2018, CRL.M.A. 34126/2019,
                                                CRL.M.A. 4524/2020
                                                COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED
                                                BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVER
                                                                                          ..... Petitioner
                                                                                      Through:                 Mr.Dayan Krishnan, Sr. Adv.
                                                                                                               (Amicus) with Mr. Sukrit Sen,
                                                                                                               Advocate.
                                                                                      versus
                                                ......
                                                                                                                                      ..... Respondent
                                                                                      Through:                 Mr. Jayant K. Sud, Sr. Advocate with
                                                                                                               Mr. Raajan Chawla, Mr. Gautam
                                                                                                               Chauhan, Mr. Shyam Singh,
                                                                                                               Mr. Kartik Jasra, Mr. Prannit Stefano,
                                                                                                               Mr. Shivam Nagpal, Mr. Akash
                                                                                                               Basoya, Advocates for Amity Law
                                                                                                               School
                                                                                                               Mr. Yashvardhan with
                                                                                                               Mr. Gyanendra Shukla, Ms. Kritika
                                                                                                               Nagpal and Mr. Akshay Gupta,
                                                                                                               Advocates for DPSRU.
                                                                                                               Mr. Piyush Sharma with Mr. Suresh
                                                                                                               Garg, Advocates for IARI.
                                                                                                               Mr. Harsh Kaushik with Mr. Arpit
                                                                                                               Srivastava, Advocates for GGSIPU.
                                                                                                               Mr. Gyan Prakash with Ms.Neeraj
                                                                                                               and Mr. Vaibhav Raj, Advocates for
                                                                                                               Rashtriya Sanskrit Sansthan.
                                                                                                               Mr. Navdeep Singh with Ms. Devika
                                                                                                               Thakur and Mr. Ranvijay Singh
                                                                                                               Advocates for JNU, SAV and IIFT.



                                    W.P.(CRL) 793/2017                                                                                            1
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/02/2024 at 21:25:34
                                                                                                                Mr. B.P. Nahar with Mr. Neeraj
                                                                                                               Kumar, Advocates for Dr. Ambedkar
                                                                                                               University.
                                                                                                               Mr. Atul Kumar, Adv, Ms. Sweety
                                                                                                               Singh, Adv, Mr. Rahul Pandey,
                                                                                                               Advocates for AIIMS.
                                                                                                               Mr. Arjun Mitra, Advocate for Indian
                                                                                                               Institute of Technology Delhi and
                                                                                                               Indraprastha Institute of Information
                                                                                                               Technology Delhi
                                                CORAM:
                                                HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                                      ORDER

% 22.02.2024

1. The present writ petition emanates from complaint dated 20.08.2016 by one Mr. Raghav Sharma highlighting the suicide of one Mr. Sushant Rohilla, a student of Amity Law College affiliated with GGSIP University. Upon the said complaint, the Hon'ble Supreme Court had taken suo moto cognizance and a direction was passed to treat the letter petition as writ petition under Article 32 of the Constitution of India. Thereafter, such writ petition was transferred to Delhi High Court with directions to decide on merits in accordance with law.

2. Learned counsel for the parties inform this Court that as regards the incident of suicide, a closure report has been filed. The sister of the deceased has also filed a protest petition before the learned Trial Court somewhere in the year 2018. However, till date, the learned Trial Court has not taken any decision.

W.P.(CRL) 793/2017 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 21:25:34

3. In view of the above, while exercising powers under Article 227 of the Constitution of India, we, hereby, direct the learned Trial Court to decide the cancellation report and related protest petition within two months from the next date fixed before it after giving an opportunity to learned counsel for the parties concerned. Needless to say, learned Trial Court shall decide the same without being influenced by the observations made in any of the orders passed by this Court in the present writ petition and without prejudice to the proceedings pending before this Court.

4. Mr. Dayan Krishnan, learned Amicus Curiae has informed this Court that affidavits have been filed by various colleges/Universities including Founder President of the Amity Law School, Delhi.

5. Mr. Sukrit Sen, who is assisting learned Amicus, shall file Memo of Parties arraying all such concerned parties as respondents. On filing of such Memo of Parties, the Registry is directed to bring on record all the concerned parties as respondents in the present case for the convenience of this Court.

6. Let the needful be done within one week.

7. List on 20th March, 2024.

SURESH KUMAR KAIT, J MANOJ JAIN, J FEBRUARY 22, 2024/st W.P.(CRL) 793/2017 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 21:25:35