Three months after 43-year-old Sanjeev Garg moved a revision petition challenging an order of a lower court which accepted a cancellation report of Chandigarh Police in the FIR against Vivek High School authorities over a case of corporal punishment, the Additional District and Sessions Judge of Chandigarh recused himself from the case Wednesday.
ADJ Dr Ajit Attri, while recusing himself from the case citing personal reasons, then ordered for the file to be sent to District and Sessions Judge, Chandigarh, for passing of an appropriate order. The ADJ court also directed the petitioner’s counsel to appear before the District and Sessions Judge on May 4.
The ADJ had been hearing the revision petition by Garg, which had challenged the order passed by Nazmeen Singh, JMIC (Judicial Magistrate First Class). The JMIC Court in July 2018, had accepted the cancellation report of Chandigarh Police in the FIR against Vivek High School authorities in a corporal punishment case of a Class VII student being allegedly assaulted by the authorities.
The court of JMIC had stated in the order, “…the allegations levelled by complainant are not found to be true in absence of any material evidence and this court is of the considered view that the cancellation report of the police deserves to be accepted. Accordingly, the cancellation report of the police is accepted…”
The matter dates back to December 23, 2016, when the mother of the student got a call from the school to rush to the institution. She was informed that her son was found carrying a cigarette to school.
However, on December 27, the child told his parents that he was beaten and punched by the accused four days ago and later on threatened not to reveal the same to anyone. His parents took him to a hospital where his medical reports confirmed that he was beaten. The parents then also sent an email to the UT Education Department and the Chandigarh Police complaining inaction against the accused.
As per the petition, the son of the complainant suffered acute depression after the incident and used to remain quiet and isolated. Sanjeev Garg, father of a student of Vivek High School, had accused the school authorities of slapping the student on school premises, following which Garg had filed a police complaint.
Following the complaint, the school authorities were booked under sections 75 and 82 of the Juvenile Justice Act and sections 323, 352, 506 and 120-B of the Indian Penal Code. The accused included Vivek High School chairman HS Mamik, Principal Renu Puri, vice-principal Kimi Dhanao, director Vikram Mamik and counsellor Jasleen Kaur, as alleged in the complaint. However, the Chandigarh Police later in 2017, filed a closure report which stated that the medical examination of the child was done four days after the alleged incident and it was hence not justified. Moreover, other students of the school whose statements were recorded during the investigation did not match with the allegations of the complainant.
Advocate Rajesh Sharma, counsel for the petitioner, said, “We have faith in the judiciary and believe that justice will be delivered notwithstanding the resourcefulness of any individual.”