High court grants relief to school in Ghaziabad student death case

Court said no police action could be taken against GD Goenka School before August 28, the next date of hearing in the case

The Allahabad high court on Friday granted a relief to GD Goenka school authorities in connection with the death case of class 4 student Arman Sehgal and directed that “coercive action against the petitioners in the aforesaid case shall be kept in abeyance.” The direction implies that any police action will be on hold till August 28, which is the next date of hearing in the case.

Arman’s parents staged a sit-in outside GD Goenka School a couple of days ago. (Sakib Ali/HT FILE PHOTO)

Arman died after a fall on the second floor corridor of the school campus on August 1. He was to appear for his weekly unit test and was rushed to Shanti Gopal Hospital where he was declared brought dead. Following the incident, the parents lodged an FIR against the school authorities under sections of culpable homicide not amounting to murder and destruction of evidence.

During the hearing on August 11, the high court also granted “two weeks’ time to seek instructions with regard to the collection of the documents of material evidence of the investigation which has been done till date.”

“List on 28.08.2017 before appropriate Bench. Till the next date of listing, coercive action against the petitioners in the aforesaid case shall be kept in abeyance (sic),” the court said in its order.

Dr Kavita Sharma, the school’s principal, and four others moved a petition before the high court seeking quashing of the FIR and also contended that they were falsely implicated on the ground of suspicion. They further claimed that there is no direct involvement of any of the school employee or the management in the matter.

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However, the lawyer representing the Sehgals said that it was a case of custodial death and from the perusal of the FIR it cannot be said that no cognisable offence is made out. Hence, he argued, the FIR is not liable to be quashed.

Since the incident, Arman’s parents have approached police authorities who have maintained that their investigation is on in the case. However, till date, they have failed to make any arrest. Sehgals also carried out a candlelight march and also staged a peaceful ‘dharna’ (sit-in) outside the school a couple of days ago.

However, they called it off a couple of hours later as they had to move to Allahabad for appearing in court.

The school has also remained shut since August 3. Sehgals have maintained that police made no arrest in order to allow time to school officials to seek legal remedy.