* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 21.11.2023 % Pronounced on : 30.01.2024 + W.P.(CRL) 2945/2023 AMIT KUMAR & ORS. ..... Petitioners Through: Mehmood Pracha, Mr. Jatin Bhatt and Mr.Harshit S. Gahlot, Advocates.

versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Himanshu Pathak, Mr. Sahaj Garg and Samman Kr. Singh, Advocates for R-1/UOI.

Mr. Ripu Daman Bhardwaj, SPP for CBI.

Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Adv.

Insp. Shambhu Nath and SI Dharmendra, P.S.Kishangarh CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

JUDGMENT

RAJNISH BHATNAGAR, J.

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 Signature Not Verified W.P. (CRL)2945/2023 Page 1 of 11 Digitally Signed 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 case 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, Udaygiri 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 Signature Not Verified W.P. (CRL)2945/2023 Page 2 of 11 Digitally Signed 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 view of the above said complaints, an enquiry was conducted in both the cases.

3. As per the Status Report filed by the Ld. ASC, postmortem of the deceased Ayush Ashna was conducted vide PM No. 1500/23, wherein the cause of death was held to be “asphyxia as a result of hanging due to ligature”. During the course of enquiry, statements of father, brother, other relatives and friends of the deceased were recorded in which it was found that the deceased had failed in some of the subjects in the prior semester exams due to which he was under depression. They further denied any foul play or any suspicion regarding the death of deceased. Father of the deceased, namely, Ramesh Kumar