“Complete the investigation within two months”- Supreme Court to Rajasthan police in NLU Jodhpur student’s death case

Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 11th August 2020

Neetu Kumar Nagaich Vs State Of Rajasthan And Ors.

FACTS:

In 2017, Vikrant Nagaich a third year law student at National Law University Jodhpur (NLUJ) was found dead on 14^thaugust, 2017 under unnatural circumstances on a railway track near the University. Vikrant Nagaich’s mother Neetu Nagaich claimed that the Rajasthan police and the state investigation agencies failed to register a FIR for a period of 10 months after the said incident and was only reluctantly filed after the untiring efforts of the mother of the deceased. Neetu Nagaich was aggrieved by the way the investigation was conducted. She did not feel that the investigation conducted by the Rajasthan Police was proper and suspected that there was a ulterior motive behind it. Talking about his son, She said: Acutely aware of the privileges life had bestowed on him Vikrant Nagaich, a twenty two year, never abused his position and was for ever ready to standup for those who could not stand up for their own rights.

RULES:

Writ Petition under Article 32 of the Indian Constitution.

ISSUE:

The student’s mother asked for transfer of the investigation in the case from the Rajasthan police to the Central Bureau of Investigation (CBI) from the Supreme Court.

CONTENTON:

The said FIR was ultimately and reluctantly registered due to the untiring efforts of the Petitioner- Mother and her-husband, Col Jayant-Kumar (Retired), father of the deceased son. Despite lapse of almost three years, no charge-sheet has been filed. The investigation is at a stand-still, with no effort made to apprehend the offenders. On the contrary, the Respondent No. 2 in its reports has mentioned that he has since retired, and his statement was not required since he was ‘deaf’ and ‘unreliable’. It is however, unfathomable that a deaf and unreliable person was appointed as the night guard/caretaker of a warehouse, and even without taking his statement; the investigating agency has on its own concluded that the same shall not bear any merit on the investigation.

ANALYSIS:

Vikrant’s Mother Neetu Nagaich claims that in the case of the unfortunate and untimely demise of her only son, a third year student of National Law University, Jodhpur in August 2017, which leads to an inescapable reasonable apprehension that the lackadaisical and negligent investigation and prosecution of the instant FIR is a result of probable collusion to shield some high, mighty and influential people. She has sought an independent inquiry while complaining of a shoddy probe. In the plea, she added that the state was “criminally negligent in the investigation” or was “trying to cover” up for the perpetrators or had some malaise intention.

JUDGEMENT:

A bench headed by Justice RF Nariman, recognised that the work of the Rajasthan police was not satisfactory and efficient. While the Bench did not transfer the case to Central Bureau of Investigation but has granted Rajasthan Police two months deadline to complete the investigation into the suspicious death of National Law University (NLU)-Jodhpur student Vikrant Nagaich in 2017.