Kochi, Jun 19 The Kerala High Court on Friday denied anticipatory bail to a doctor accused of abetting the alleged suicide of a first-year BDS student of a private dental college in Kannur in April this year.
Justice A Badharudeen dismissed the anticipatory bail plea of Dr M K Ram and upheld the Thalassery Additional Sessions Court's April 25 decision denying him the relief.
While dismissing Ram's plea, the High Court noted that there are several instances of teachers "mentally torturing" students in medical colleges and called for creation of a forum for redressal of the students' grievances.
It also termed as "dangerous" the situation where House Surgeons and post graduate medical students are made to work day and night without time to sleep or eat food and urged the National Medical Commission as well as the Health and Education departments of the central and state governments to address this "menace".
Ram had challenged the Sessions Court's order in the High Court.
The High Court dismissed his appeal saying that the "overt acts" by the accused of allegedly using derogatory words to insult and humiliate the victim -- Nithin Raj -- can be prime facie held to be sufficient "to provoke, incite or encourage" the student to commit suicide.
The HC said the statements of the victim's classmates show the accused used to insult, humiliate and intimidate Raj publicly and "in a most heinous manner, which is not expected from a teacher".
"...public at large expects moral values, ideal behaviour and disciplined temperament from a teacher, as a role model for the society," it said.
The court also rejected the doctor's contention that Raj committed suicide due to harassment from loan app operators as he had defaulted on repayment of a Rs 15,000 loan.
It said that it cannot be held that the demand by the loan app operators for a very small amount of Rs 15,000 instigated Raj to commit suicide.
It further said that the accused used "filthy" words to insult and intimidate Raj knowing fully well that he got admission in the college under the SC/ST category.
"Therefore, this court is of the view that prima facie, the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2018, is made out," the High Court said
"In the result, this appeal fails and is dismissed facilitating investigation of the case effectively by the Investigating Officer including arest and questioning of the appellant/1st accused (Ram), without fail, to ensure fair investigation," it added.
Dismissing the appeal, the High Court also rejected the accused's contention that he was a victim of media trial.
"The first reason for the same is that no judge would be influenced by the media and all judges would pass orders and judgments based on the records and evidence before them untrammelled by the media versions, in any manner.
"Secondly, freedom of press is a constitutional right and the media is recognised as the fourth pillar of democracy. When the administrators conceal and suppress many illegalities and are acting in a biased manner, denying the legal, constitutional and personal rights of individuals, interference of the media, in fact, helped in correcting the illegalities and protecting the rights of the individuals," it said.
The High Court said that the media plays a vital role in democracy and any obstruction of the rights of the media "would be detrimental to the interest of the public" and to keeping democracy intact.
It also noted that "some teachers of medical colleges are in the habit of torturing, insulting and putting students under pressure by not granting marks in the internal and practical examinations, leading them to be apprehensive of failing in the course".
While there are a large number of hard working, quality oriented and disciplined teachers in many medical colleges, "it is shocking to note that some of the teachers are cruel towards the students".
It said that many students suffer these "tortures" silently afraid of being failed in their exams or leave the institution or commit suicide and called for creation of an independent forum for the students to get their grievances redressed.
Justice Badharudeen also termed as "dangerous" the situation where House Surgeons and Post Graduate students are posted in the hospitals throughout day and night for duties without any time to sleep or eat food.
"This is a very dangerous situation and a big menace to the society. In fact, the National Medical Commission, the Health Departments of the central and state governments, the Education and Higher Education Departments of the state and the central governments and the concerned universities should take appropriate measures to address this menace and to avoid this dangerous and treacherous state of affairs in future.
"It is high time that the authorities must think of finding some solution or appointment of commission to address the issue, without fail, to ensure an unbiased forum to redress the grievance of the students," the judge said.
First-year BDS student Nithin Raj was found dead on April 10 after falling from a building on the college campus in a suspected suicide.
