NEVILLE MCNAMARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner is the retired principal of a renowned Educational Institution in Kolkata. A first information report was lodged on 4/2/2012, by one Mr. Dipak Kumar Dam alleging inter alia that his daughter, who was a student of Class VIII-C of the said school, where the petitioner happened to be the principal, and was aged 14 years, was wrongfully confined in the room of the principal for about three hours on 1/2/2012. Allegations were also made that the said student was rebuked by the petitioner with abusive languages in presence of other teachers, staff and students. Allegedly this ruthless admonition has impacted the teenager negatively, so much so that she could not bear the pain and committed suicide on that date. It was also alleged that the petitioner threatened the said student of putting negative comments in the school diary for information of her guardian, i.e, the informant. The following incident was that the said student was taken by one of her classmates namely, Sudipto Chaki to "Rita Apartment", Sajirhat and both of them jumped off the roof of the said apartment, thereby sustaining severe life threatening injuries. The mother of the boy came with an ambulance and took away the boy to the hospital for treatment, leaving the girl there, who ultimately succumbed to the injuries, she suffered. In the FIR the informant has also alleged against the mother of the boy of showing inhumanity and ascribing to the cause of death of the said girl. The informant sought for necessary police action and set the criminal justice system in motion by dint of the said FIR.

(2.) A Specific police case was started as Ghola PS Case No.32 of 2012 dtd. 4/2/2012 under Ss. 306/304A/114/34 IPC. The investigation proceeded and ultimately the police has submitted charge-sheet on 5/12/2014, against all the accused persons under Ss. 306/304A and 309 IPC.

(3.) Mr. Nigam Ashis Chakraborty, appearing on behalf of the petitioner has firstly submitted that the FIR has not disclosed any prima facie case against his client. The actions, which are disclosed by the informant, to have been allegedly undertaken by the petitioner was in discharge of his duty as the principal and administrative head of the Educational Institution and as a matter of fact according to Mr. Chakraborty, the petitioner was duty bound to even take stringent steps to maintain order and discipline in the Educational Institution. Mr. Chakraborty, has further submitted that unless there is a case made out against his client, atleast prima facie, the law should not permit the prosecution to go into trial against his client. It has further been submitted as regards the fact of the case that the victim along with her classmate named in the FIR was found in a compromising position in one of the classrooms as they bunked their regular scheduled class. This fact was noticed by one of the teachers, who is a witness before the police in the investigation and whose statement is also available. As per the report the said students were called to the principal's room and may be reprimanded for the undisciplined act they have done. According to Mr. Charkraborty, there was no iota of any criminal intent of his client to force and pursued the victim to commit suicide. What the petitioner had done is stated to be done in discharge of his duty as the administrative head of the Institution.