Cuttack: Five students, who had assaulted and threatened to kill a classmate, were directed by Orissa high court to visit a jail and observe the living conditions of prisoners there to help them understand what could be in store for them if they indulge in such acts again. The visit, the judge hoped, would also encourage them to reform themselves.
The high court set this condition recently while quashing the FIR registered against the five, all students of a college in Cuttack city. The FIR was registered at Madhupatna police station on Dec 30 last year by the victim’s father.
Justice Sibo Sankar Mishra said as the petitioners are young students pursuing their graduation, “subjecting them to the rigours of the trial would be a futile exercise”, and quashed the FIR, subject to conditions.
“The petitioners shall visit Choudwar Jail, Cuttack, within two weeks from today, compile a report regarding the hygiene maintained in the jail premises and suggest positive measures regarding the same. They must furnish their suggestions to the jail superintendent and obtain a certificate from him to be filed before this court within four weeks from today,” Justice Mishra stated in his Jan 16 order.
In his complaint, the victim’s father had stated that on Dec 28, his son got a call between 2pm and 4pm from his friends asking him to meet them somewhere. When his son reached Canal Road, one of his friends threatened him and said he would be killed. The victim was also abused in filthy language. Out of fear, the victim apologised to the five and somehow managed to escape. However, he got frightened and fell unconscious inside the car he was driving. He had to be rescued by breaking open the car window.
Following the complaint, the case was in the investigation stage. All five accused had filed a petition for quashing the FIR.
Underlining that “conditional order has been issued to sound a note of caution to the petitioners to deter them from further indulging in any such act as alleged in this case,” Justice Mishra added, “By visiting the jail premises, they need to realise the living conditions of the prisoners in the jail. That experience will impel them to come out from the cocoon of their comfort to perceive the hard reality of life, value human dignity, and nudge them in a positive direction to reform themselves into good citizens.”
Justice Mishra also directed the petitioners to tender unconditional and unqualified written apologies to the father of the victim, and file those written apologies before the court within 10 days.
The five students and father of the victim had appeared before the court and jointly prayed for the quashing of the FIR. On the court’s query, the victim’s father stated that he had lodged the FIR to teach the students a lesson so that in future they do not indulge in such activities. He, however, told the court that he was in favour of quashing the entire proceedings as the students had tendered an apology to him.
It must be mentioned that earlier this month, Justice Mishra had asked four law students facing charges of ragging to teach inmates at an orphanage for one week as a condition for quashing the FIR against them.