The police must register FIRs upon receiving credible information of cognizable offences without conducting preliminary inquiries, as mandated by law.

JUDGMENT :

J. B. PARDIWALA & R. MAHADEVAN, JJ.

For the convenience of exposition, this judgment is divided into the following parts:

I

1. Leave granted.

2. This appeal arises from the judgment and order passed by the High Court of Delhi, dated 30.01.2024, in Writ Petition Criminal No. 2945 of 2023 by which the High Court rejected the writ application filed by the appellants herein declining to issue a writ of mandamus to the Police for the purpose of registration of a First Information Report (for short, “F.I.R.”) in connection with the commission of suicide by two students - sons of the appellant no. 2 and appellant no. 3 herein respectively - while they were studying at the Indian Institute of Technology, Delhi (for short, “IIT, Delhi”).

A. FACTUAL MATRIX

3. We propose to borrow the facts giving rise to this appeal straight from the impugned judgment of the High Court. The same reads thus:

“1. The present petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners with the following prayers:-

"a) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the police authorities or Respondent No. 6 to register appropriate FIRs in the cases involving the deaths of the sons of Petitioner No. 2 and Petitioner No. 3; and

b) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the investigation of the cases to be done by Respondent No. 6; and

c) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the Respondent No. 6 to conduct a thorough, impartial investigation into the caste based atrocities being committed in the premises of Respondent No. 5; and

d) monitor the investigation of the case; and

e) direct an independent inquiry into caste based atrocities being committed in the premises of Respondent No. 5; and

f) to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby commanding the Respondents to ensure strict compliance and implementation of provisions of SC/ST(POA)Act,1989 and rules and regulations under the SC/ST(POA) Rules 1995.

g) pass any other or further orders, as this Hon'b1e Court may deem fit and proper in the circumstances of the present case."

2. In brief the facts of the case are that Complaints dated 26.07.2023 and 09.09.2023 were filed by the petitioners who are the parents of two deceased students of B.Tech (Mathematics and Computing) at Indian Institute of Technology, Delhi, wherein, it was alleged that one student, namely, Ayush Ashna was found dead on 08.07.2023 at his Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel, IIT, New Delhi and another student, namely, Anil Kumar was found dead on 01.09.2023 in his Hostel Room No. EA-18, Ground Floor, Vidhyachal Hostel, IIT, New Delhi. It is alleged in the complaints that they were murdered with the conspiracy of IIT Faculty members to hide the real facts and both the students have been falsely shown to have committed suicide. It is further alleged in the complaints that both the students belonged to Scheduled Castes and they had informed their parents several times regarding caste discrimination by the faculty/staff of IIT, Delhi and therefore, the petitioners alleged that the faculty members are trying to save the real accused persons and the police officials are also not investigating the matter in a proper manner. In vi