Kerala high court questions withholding of Class X results of six students accused in Shahbaz murder case
Kochi: High court on Tuesday orally questioned the state govt and general education department's action in withholding the
SSLC examination results
of six students accused in the Kozhikode
Mohammed Shahbaz murder case
.
While considering the bail pleas of the accused, Justice Bechu Kurian Thomas asked the authority under which the state govt had withheld the results.
"Publishing the result is entirely different from the offence committed.
If they have written the examination, the results have to be published. Does the state have the power to debar a person simply because he is involved in a crime? The entire concept of criminal jurisprudence is based on reformation, especially when the offender is a child in conflict with the law… The offence is not connected to the examination. So, how can the state govt refuse to publish the results," the court asked.
According to prosecution, on Feb 28, during a farewell function at a tuition centre, the accused allegedly assaulted Shahbaz, who was also a Class X student of M J Higher Secondary School, Kozhikode, with a deadly weapon following a minor altercation. It is also alleged that he was attacked with a 'nunchuck', and was repeatedly punched and kicked, resulting in a severe skull fracture. Shahbaz succumbed to his injuries at the govt medical college hospital, Kozhikode, the following day.
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Counsel for the accused submitted on Tuesday that, despite the child rights commission directing the state authorities to publish the results, the order was not complied with. The state maintained that the commission has only recommendatory powers. He further pointed out that Tuesday was the last date for applying for Plus One admission through the single window system, and the accused had been in detention for more than 80 days.
However, the single bench refrained from interfering in the matter of non-publication of the students' results, stating that it does not fall within the scope of bail jurisdiction. The court requested the petitioners to approach the writ court for appropriate relief. Additionally, the court directed the police to produce the case diary in connection with the bail pleas and adjourned the petitions to Wednesday.
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