Police outpost, 24×7 patrol: Orissa High Court issues 14-point safety mandate for NLU after ‘student kidnapping’ case

What was the case?

• In September 2023, a fourth-year NLUO student lodged a police complaint alleging that while returning to campus with a friend, three persons came in a car and compelled them to sit inside the vehicle.
• The complaint further claimed that the accused questioned them about the consumption of alcohol and psychotropic substances, used obscene language, and made sexually offensive remarks about their female friends.
• However, during the pendency of the proceedings, the petitioners and the de facto complainant filed a joint affidavit before the high court stating that the matter had been amicably resolved.

Court’s directions: Bus services, extra security and more

The court, in the “larger interest of the student community”, issued the following guidelines while keeping in mind the safety, discipline, and maintenance of a congenial academic atmosphere in and around the NLUO campus:

1. The university authorities shall review and, if necessary, augment campus security arrangements, including deployment of adequate security personnel at entry and exit gates, installation and maintenance of functional CCTV cameras at strategic locations, and proper illumination of vulnerable areas.
2. The university administration shall maintain regular liaison with the jurisdictional police authorities to ensure prompt response in case of any untoward incident and to conduct periodic patrolling in and around the campus, particularly during late evening hours.
3. The commissioner of police/deputy commissioner of police concerned shall take necessary steps for the establishment of a police outpost at Naraj, manned by an officer not below the rank of sub-inspector, along with adequate supporting staff, so as to ensure effective monitoring of the area adjoining the university campus.
4. A police beat house shall be established within the campus of NLUO with provision for 24×7 deployment of police personnel. The university authorities shall extend necessary infrastructural and logistical support for the functioning of the same.
5. The jurisdictional police shall take stringent and continuous action to prevent the supply and circulation of alcohol, narcotic drugs, psychotropic substances, and other intoxicants to students, strictly in accordance with the provisions of the applicable penal and special statutes.
6. The police authorities shall ensure that no anti-social elements congregate in and around the university campus. The university may regulate student movement during late hours in accordance with its hostel and campus regulations, including requiring prior permission from the hostel authorities for movement beyond prescribed hours, subject to reasonable exceptions.
7. The university authorities may conduct breathalyser tests, where there is reasonable suspicion of intoxication, in accordance with law and with due regard to the privacy and dignity of students, so as to discourage consumption of alcohol within the campus.
8. The university shall strengthen entry-point security by conducting appropriate checks of bags and vehicles entering the campus to prevent the entry of contraband materials. Installation of suitable screening or frisking mechanisms at the entrance gate may be undertaken in compliance with legal safeguards and in coordination with the local police administration.
9. Periodic inspection of hostel premises may be carried out by the university authorities in accordance with established rules to ensure that students do not keep or consume prohibited substances within the campus.
10. In cases where any student is found guilty of consuming or possessing alcohol, tobacco, narcotic drugs, or other prohibited substances in violation of university rules, the parents or guardians of such student shall be duly informed, in addition to the initiation of appropriate disciplinary proceedings.
11. The university shall explore the feasibility of arranging scheduled bus services between the main city and the university campus during evening hours so as to facilitate safe and regulated transportation of students to the local market and for other necessary outings.
12. The university shall conduct periodic awareness programmes sensitising students regarding personal safety, legal consequences of unlawful acts, and responsible conduct within and outside the campus premises.
13. A robust and accessible grievance redressal mechanism shall be maintained, enabling students to report incidents of harassment, intimidation, or misconduct without fear of retaliation. Complaints shall be dealt with promptly and in a time-bound manner.
14. The university shall be at liberty to frame or strengthen such additional regulatory and disciplinary measures as may be deemed necessary to preserve campus discipline, safety, and academic decorum, consistent with constitutional and statutory mandates.

What the court ruled

• With the dispute having been amicably settled between the parties, and the complainant having unequivocally expressed his unwillingness to prosecute the matter any further, the likelihood of securing a conviction is remote and bleak.
• In such circumstances, the continuation of the criminal proceeding would not subserve the ends of justice but would instead amount to an abuse of the process of the court.
• Guided by the principles under Section 482 (saving of inherent powers of high court) of the Code of Criminal Procedure (CrPC) to secure the ends of justice and prevent abuse of process, it is appropriate to stop the prosecution.