HP HC dismisses plea of institute faculty to quash chargesheet

BEAS TRAGEDY The petition was filed by faculty member to quash the charges of negligence against the Hyderabadbased institute

THE HIGH COURT’S SINGLE BENCH RULED THAT FACULTY MEMBERS KNEW ABOUT THE PROBABILITY OF A MISHAP WHILE ALLOWING STUDENTS TO GO NEAR THE RIVER

SHIMLA : Himachal Pradesh high court has dismissed the petition filed by Hyderabad-based institute seeking quashing of the chargesheet filed by the police against it, in connection with the Beas tragedy where 24 students were washed away at Mandi’s Thalout in 2014.

Police had charged the Larji Dam staff and Hyderabad’s VNR Vignana Jyoti Engineering Institute’s faculty for negligence. One of the faculty members who had registered the complaint of tragedy, filed a petition in Himachal Pradesh high court seeking the set aside of the chargesheet in which faculty members were charged for negligence.

The high court’s single bench ruled that faculty members knew about the probability of a mishap while allowing students to go near the river bed. “In these circumstances also, this court finds that the case under Section 304-A, read with Section 34 of the Indian Penal Code (IPC), prima facie is made out,” the bench said in its 81 page judgment.

“The nearby tea stall owner had warned them too about the risk in going to the river bed. Faculty members were aware about the danger in going near the river bed. This court has come to the conclusion that such carelessness is a criminal negligence and punishable under Section 304 of the IPC,” Justice Chander Bhusan Barowalia ruled.

On June 8, 2014 night, A Adithya, petitioner, had registered a case at Aut police station under Section 336 and 304-A of the IPC, submitting that 48 students, including 35 boys and 13 girls accompanied by 2 faculty members of the college, one lady staff member and her son, two tour operators, three drivers, four cooks, two cleaners and two booking managers were on their way from Shimla to Kullu-manali in two private buses.

He had further stated that the students wanted to take photographs and therefore both the bus drivers parked their buses on the road side and all the students went towards the river with tour manager. It was alleged that the water in the river was less when some students were standing and some students were sitting on the stones near the river bed for taking photographs when the sudden flow of water hit the river.

He further alleged that the panic struck everyone, hence they tried to reach the river bank. Some were able to reach the river bank whereas many got washed away including 6 female students,18 male students and one tour manager.

It is also alleged in the complaint that the accident took place due to the negligence committed by the Larji Dam employees, who released the dam water without any caution or warning including blowing the siren.