Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Delhi High Court - Orders

Courts On Its Own Motion In Re: Suicide ... vs Unknown on 28 May, 2024

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

                                    $~9
                                    *           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 & CRL.M.A. 8850/2024

                                                COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED
                                                BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVER
                                                                                              ..... Petitioner
                                                              Through: Mr. Sukrit Seth and Ms.Aakashi
                                                                       Lodha, Advocates.
                                                              versus

                                                .......                                                                              ..... Respondent
                                                                                                               Through: Mr. Raajan Chawla with
                                                                                                               Mr. Gautam Chauhan, Advocates for
                                                                                                               R-1.
                                                                                                               Ms. Nandita Rao, ASC for R-3.
                                                                                                               Mr. Rajesh Yadav, Senior Advocate
                                                                                                               with Mr. Honey Khanna and Mr.
                                                                                                               Shyam Singh, Advocates for R-4 and
                                                                                                               5.
                                                                                                               Ms. Pragya Parijat Singh, Advocate
                                                                                                               for South Asian University.
                                                                                                               Mr. Mohinder J S Rupal and Mr.
                                                                                                               Hardik      Rupal,    Advocate      for
                                                                                                               University of Delhi/respondent No.34.
                                                                                                               Mr. Pritish Sabharwal, Standing
                                                                                                               Counsel for Jamia Millia Islamia.
                                                                                                               Mr. Keshav Datta, Advocate for
                                                                                                               Intervener.
                                                                                                               Mr. Siddharth Panda, Advocate for
                                                                                                               ILBS.
                                                                                                               Mrs. Avnish Ahlawat, Standing
                                                                                                               Counsel along with Ms. Laavanya
                                                                                                               Kaushik, Ms. Aliza Alam and Mr.
                                                                                                               Mohish Sehrawat, Advocates for



                                    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 29/05/2024 at 22:13:55
                                                                                                                DTU/respondent      No.35,    NSUT,
                                                                                                               IGDTUW.
                                                                                                               Mr. Neeraj Verma, Advocate for NIT,
                                                                                                               Delhi.
                                                                                                               Mr. Bharathi Raju, Advocate for R-16.
                                                                                                               Mr. Piyush Sharma with Mr. Suresh
                                                                                                               Kumar, Advocate for R-10.
                                                                                                               Mr. Vibhaker Mishra with Mr. Niraj
                                                                                                               Kumar and Mr. Utkarsh Mishra,
                                                                                                               Advocates for R-31.
                                                                                                               Mr. Sanjeev with Ms. Sheshadri for
                                                                                                               Mr. Payan Krishnan, Senior Advocate.
                                                                                                               Mr.     Yashvardhan     with     Mr.
                                                                                                               Gyandendra Shukla, Advocates for
                                                                                                               DPSRU.
                                                                                                               Mrs. Ginny J with Mr. Ranvijay
                                                                                                               Singh, Advocates for R-12 and 22.
                                                                                                               Ms. Monika Arora, CGSC with Mr.
                                                                                                               Subhradeep Saha, Advocates for
                                                                                                               IIMC.
                                                                                                               Mr. Takrim Khan, Law Officer for
                                                                                                               respondent No.20/Jamia Hamdard.
                                                                                                               Mr. Karan Tomar, Advocate for
                                                                                                               respondent No.23.
                                                                                                               Mr. B P Nahar and Mr. P S Chaunkar,
                                                                                                               Advocates for Ambedkar University.
                                                                                                               Mr. Parmanand Gaur Standing
                                                                                                               Counsel for UGC
                                                CORAM:
                                                HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                                      ORDER

% 28.05.2024

1. Pursuant to order dated 20.03.2024, Law Officer for respondent No.20 has appeared. He submits that he has not received the paper 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 29/05/2024 at 22:13:55 book.

2. Registry is directed to supply e-copy of the paperbook to Law Officer/learned counsel appearing for respondent No.20 within two weeks. On receipt of the paper book, respondent No.20 shall file reply within two weeks with advance copy to other side.

3. Learned counsel for respondent No.23 and learned counsel for respondent No.24 have entered appearance and submit that they have filed their reply, however, the same are not on record. Let them check up with the Registry, remove the objections, if any, and have the same placed on record.

4. Learned counsel for respondent No.3, learned counsel for respondent No.34 and learned counsel for respondent No.35 have entered appearance and seek some time to file reply. Let the same be filed within two weeks with advance copy to other side.

5. Learned counsel for respondent No.36 submits that he has not received the paper book. Registry is directed to supply e-copy of the paperbook to law officer/learned counsel appearing for respondent No.36 within two weeks. On receipt of the paper book, learned counsel shall file reply within two weeks with advance copy to other side.

6. Registry is directed to furnish duly bookmarked e-TCR to all the learned counsel for the parties, if not already supplied, within two weeks from today.

7. As per office report, respondent No.26 has not been served.

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 29/05/2024 at 22:13:56

8. Registry is directed to issue notice, without process fee, to respondent No.26, returnable on 21st August, 2024. On receipt of notice, said respondent shall also file reply within two weeks with advance copy to other side.

9. None has appeared for respondent Nos.23, 24, 25, 27, 28, 30, 33, 34 and 37 despite service effected upon them. Final opportunity is granted to said respondents and remaining respondents those not have filed, to file reply to the present petition within two weeks from today with advance copy to other parties, failing which, their reply shall be accepted with cost of Rs.10,000/- each to be deposited with Delhi High Court Advocates' Welfare Fund.

10. List on 21st August, 2024.

Crl.M.A.8850/2024 (on behalf of respondent Nos.4 and 5 seeking deletion from array of parties)

11. Pursuant to complaint dated 20.08.2016 by one Mr. Raghav Sharma highlighting the suicide of one Mr. Sushant Rohilla, a third year student of B.A. LLB, Amity Law College affiliated with GGSIP University, 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. Such writ petition was eventually transferred to this Court.

12. Vide order dated 25.05.2017, respondent Nos. 3, 4 and 5 were directed to be made party to the present petition.

W.P.(CRL) 793/2017 4

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 29/05/2024 at 22:13:56

13. Learned counsel appearing for the Amicus seeks adjournment as the learned Amicus is busy in some other Court. He submits that since after the investigation, the closure report has been filed, which is pending consideration before the learned Trial Court, the hearing of the present application be also adjourned to the next date. He has drawn our attention to order dated 12.01.2018 whereby hearing of similar applications, filed earlier by the respondent Nos.4 and 5, were also directed to be adjourned to the hearing of the main matter itself.

14. We are conscious of the fact that vide order dated 22.02.2024, the Trial Court has already been directed to decide the closure report and the time granted in this regard is reportedly expiring on 30.07.2024.

15. Since learned Amicus is not available today to assist this Court on the issue whether the respondent Nos. 3, 4 and 5 are required to be deleted from the array of parties, let the matter be re-notified on 21st August, 2024.

SURESH KUMAR KAIT, J MANOJ JAIN, J MAY 28, 2024/st W.P.(CRL) 793/2017 5 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 29/05/2024 at 22:13:56