Delhi HC discharges school chairman, teacher in case connected to 2012 student’s death

New Delhi, Aug 23 (PTI) The Delhi High Court has discharged the chairman and a teacher of a private school here in a case related to the death of a 12-year-old student, who fell from the second floor of the school building in 2012.

The high court said the evidence as collected by the investigating officer established that it was a case of pure accident that the child lost his balance and fell. Neither negligence nor recklessness can be attributed to the petitioners – chairman and teacher, it said.

“… it is not a case where the accident happened because of the inappropriate height of the parapet, for which Nawab Singh Bhati (school chairman) can be held negligent. Likewise, no negligence in any manner can be attributed to Asha Budhani, the teacher, in the discharge of her duty, in the fall of the child,” Justice Neena Bansal Krishna said while discharging the two accused of the charge of causing death by negligence.

The high court set aside a trial court’s October 2023 order framing charges against the two petitioners and allowed their petition to challenge the subordinate court’s decision.

According to the prosecution, the incident took place on January 24, 2012, when the student of Rishabh Public School in East Delhi’s Mayur Vihar while leaning over the railing on the second floor of the school building, lost his balance and accidentally fell.

The child was rushed to a hospital but by then, he had died, it said, adding that an FIR was lodged at the Pandav Nagar police station.

After the completion of the investigation, a charge sheet was filed against school chairman Bhati and Budhani.

Budhani who was the teacher in charge and on bus duty on the date of the incident.

The counsel for the teacher contended that there was no incriminating evidence against her and the death cannot be attributed to her.

The counsel for the chairman also submitted that he cannot be held negligent in any manner.

The high court, in its order, passed on Thursday and made available on Friday, noted that this was a very unfortunate case where the cruel hands of fate led to the death of the child, Varun, because of a fall from the second floor of the school building.

“The grief of the parents at the loss of their son is reasonable and justified. Their quest for justice is also understandable. However, to make the petitioners liable, the culpability of the petitioners needs to be established,” it said.

The court further noted that on the fateful day, the child was waiting in the classroom on the ground floor for the second trip of the bus to take them back home.

“Varun left the room by stating that he was going to his classroom on the second floor, as he had to get his notebook. It was further revealed during the investigation that Varun after reaching the second floor climbed up the cement portion of the railing and while peeping down, he tried to adjust his heavy bag on his shoulder in the process, lost his balance and fell from over the railing and suffered injuries which proved to be fatal,” it noted.