Schoolboy death: HC seeks presence of investigating officer

The Allahabad High Court today directed the Uttar Pradesh government's counsel to ensure the presence of the investigating officer probing the death of a 10-year-old student of GD Goenka Public School, Indirapuram, on the next date of hearing.

Hearing a writ petition filed by the school principal, Kavita Sharma, a division bench comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma fixed October 23 as the next date of hearing in the matter.

The court extended till the next date of hearing its August 11 interim order, directing that no coercive step would be taken against the chairman, director, principal and two others belonging to G D Goenka Public School, Indirapuram in Ghaziabad district, in connection with the death of the student in the school.
 

During the course of hearing, the high court also took the reply (counter affidavit) filed by the state government in the matter on record.

The court had on August 11 directed the state's counsel to submit within two weeks all necessary information regarding collection of material evidence in the investigation conducted till date.

An FIR was lodged against the school chairman, its director, principal and two others on August 1 at Indirapuram police station in Ghaziabad in connection with the student's death.

During the course of hearing, the petitioners' counsel argued that a bare reading of the FIR showed that the petitioners had been falsely implicated on the ground of suspicion.

It was contended on behalf of the school management that the student, Armaan Sehgal, 10, fell in the corridor of the school and was taken to hospital where he was declared dead.

Thus, there was no direct involvement of any school employee or its management in the case and initiation of criminal proceedings against them is bad in law. Hence, the impugned FIR is liable to be quashed.

However, the counsel for complainant Gulshan Sehgal, who is the father of the victim, contended that it was a custodial death.

Armaan, a student of Class 4, died after falling in the second-floor corridor outside his classroom in the school complex on August 1. The boys family had alleged negligence on part of the school authorities.