Publish SSLC results of suspects in Thamarassery student death case: panel
The Kerala State Commission for Protection of Child Rights has directed the Director of General Education (DGE) to publish the results of six students who are suspects in the Mohammed Shahabas murder case at Thamarassery in Kozhikode by May 18.
The commission comprising chairperson K.V. Manoj Kumar and members Mohankumar B. and Wilson F. observed that a decision of the examination board to withhold the SSLC results of the suspects and debar them from the SSLC examinations for three years had no legal backing and was a violation of Right to Life guaranteed in the Constitution.
It was acting on a petition from parents of the suspects seeking immediate declaration of their result and opportunity to continue their education. The students had appeared for the SSLC examinations at Government Children's Home for Boys, Vellimadukunnu, Kozhikode, as a temporary arrangement.
The commission said the students were only accused in the case. They had been given permission to sit for the SSLC examinations, so there was no legal hurdle to declaration of their results.
SSLC guidelines
As per the guidelines for the SSLC examinations, if students' results are to be withheld and they are to be debarred from taking the examinations again, they should have committed an offence during the examinations. In this case, the incident concerned occurred before the start of the examinations and had no connection to exam procedures. This raised the question if the exam board could take action in the matter and withhold the results.
Many children in conflict with law had appeared for SSLC examinations in the State and their results had been declared. The board decision violated Article 14 of the Constitution that guarantees equality before law.
As the suspects were in the Juvenile Justice Board's judicial custody in connection with legal procedures, the commission could not take any decision on their higher education. However, declaration of their results will not have any impact on the legal action against them.
A report on the matter by the Pareeksha Bhavan secretary had claimed that the exam board had unanimously come to the decision that the suspects be debarred from the SSLC examinations for the next three years and their 2025 exam results be withheld till then. However, this action was against the guidelines for conduct of the SSLC examinations and precedence, the commission said.
Action-taken report sought
Withholding the students' results would also prevent them from applying for Plus One higher secondary admission the last date for which was May 20, the commission pointed out in its directive to the DGE and the Pareeksha Bhavan secretary.
The commission also sought an action-taken report from the officials within 10 days.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
India Today
7 hours ago
- India Today
Preventive detention extraordinary power of state, use it sparingly: Top court
Preventive detention is an extraordinary power in the hands of the state that must be used sparingly, said the Supreme Court as it set aside an order by a district magistrate to detain a moneylender who was allegedly indulging in illegal activities again after getting bail in four cases.A bench of Justices Sanjay Karol and Manmohan questioned the contention of the detaining authority that the order was passed as the detainee was violating bail conditions in the cases, and noted that they should have instead moved the competent court seeking cancellation of the order of detention dated June 20, 2024, and the impugned judgment dated September 4, 2024, passed by the High Court of Kerala at Ernakulam are hereby set aside. In the attending facts and circumstances of this case, the appeal is allowed," the bench said in its order passed on Friday. Noting that the power of preventive detention finds recognition in the Constitution under Article 22(3)(b), the bench said, "The provision for preventive detention is an extraordinary power in the hands of the state that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of further offence(s), and therefore, must not be used in the ordinary course of nature."The bench said the contention of the detaining authority that the detainee, Rajesh, who used to run a private financing company called 'Rithika Finance', was violating the conditions of bail imposed upon him in the cases that have been considered for passing the order of said that pertinently, no application has been filed by the respondent in any of the four cases, alleging violation of such conditions, if any, and moreover, have not even been spelt out during the hearing of the case filed by his wife against the Kerala High Court order, which affirmed the preventive detention order of the Palakkad district magistrate."Keeping in view the above expositions of law, we have no doubt that the order of detention cannot be sustained. The circumstances pointed out in the order by the detaining authority may be ground enough for the state to approach the competent courts for cancellation of bail, but it cannot be said that the same warranted his preventive detention."We clarify that if such an application for cancellation of the detainee's bail is made by the respondent - state, the same must be decided uninfluenced by the observations made hereinabove," the bench referred to the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007, and said that the object of the statute was to provide for effective prevention of certain anti-social activities in the bench said Section 2(j) of the state law defines 'goonda' as a person who indulges in activities that are harmful to the maintenance of public order, either directly or indirectly, and includes persons who are bootleggers, counterfeiters, drug offenders, and loan sharks, among bench also said that under Section 3 of the Act, the district magistrate so authorised or the government may pass an order directing detention of a "known goonda" to prevent commission of antisocial activities within the state of Kerala."Coming to the attending facts and circumstances, we are of the considered view that the exercise of power under Section 3 of the Act was not justified in law," the top court said, as it noted four cases lodged under the Kerala Money Lenders Act, 1958, cited by the police for recommending preventive detention to the district police stated that the detainee was a "notorious goonda" in the district and a threat to the society at by the order of his detention dated June 20, 2024, Rajesh's wife filed a writ petition before the Kerala High Court assailing the order and praying for a writ of habeas corpus to the state against the "illegal" detention of her high court on September 4 last year affirmed the order of preventive detention. Aggrieved by the order, the detainee's wife moved the top court challenging the December 10, 2024, the top court ordered the detainee to be released as his maximum period of detention under the Act was InMust Watch
Indian Express
12 hours ago
- Indian Express
Mevani attacks BJP over atrocities on Dalits, weaker sections in Gujarat
Congress's Vadgam MLA Jignesh Mevani on Saturday questioned Prime Minister Narendra Modi and Home Minister Amit Shah's silence on alleged incidents of atrocities against Dalits, adivasis and other weaker sections in Gujarat, and announced that the party will hit the streets to raise the issue. Addressing a press conference at the AICC headquarters in the Capital, Mevani accused the PM, the Home Minister and the RSS of 'putting the values of Manusmriti above the Constitution'. Citing the low conviction rate in cases of atrocities on Dalits, Mevani said at the national level, this figure is 30-35%, but in Gujarat it is only 3-5%, which means 95% of the culprits in the state go scot-free. The Congress leader told reporters that several incidents of Dalit atrocities have been reported from Gujarat such as the murder of a 19-year-old Dalit youth in Amreli, the alleged setting ablaze of a Dalit senior citizen in Patan and the alleged gangrape of a Dalit girl in which BJP members are alleged to have been involved. 'The Congress is preparing to launch a massive demonstration in August-September against atrocities being afflicted on Dalits, adivasis and those from the weakened sections in Gujarat,' he announced.
New Indian Express
17 hours ago
- New Indian Express
Madras High Court initiates contempt proceedings against Tamil Nadu Chief Secretaries
CHENNAI: The Madras High Court has initiated suo motu contempt of court proceedings against officers who have served as the Chief Secretary of Tamil Nadu from September 19, 2023 until now for failing to take action as per the court's orders issued on that date in a batch of petitions filed regarding issues in providing appointments based on compassionate grounds to the dependents of government staff who died in harness. The directions issued to the Chief Secretary in the September 19, 2023 included a direction to set up a committee to look into the issues in the appointments on compassionate grounds and recommend necessary amendments to the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, to fix a time frame. Observing that a perusal of records by the court established that no such action had been taken, Justice Battu Devanand on Friday said that the court was of the 'prima facie opinion' that the Chief Secretary had failed to comply with the order. He directed the Registrar (Judicial) to get the particulars of the officers concerned and register a contempt case against them under the provisions of Contempt of Courts Act 1971 read with Article 215 of the Constitution. The judge further directed the Registrar to issue notices to them to enable them to submit their response by June 20. It can be noted that incumbent Chief Secretary N. Muruganandam and his predecessor Shiv Das Meena have served in this post in the period mentioned by the court. The contempt of court proceedings has been initiated for failing to obey the orders, particularly in connection with a 2020 writ petition filed by a Nithya of Coimbatore, whose father died while working in the Transport department, for getting an appointment in the same department on compassionate grounds, and a batch of similar petitions. Expressing 'deep anguish' and 'displeasure' towards the attitude of the Chief Secretary for 'disrespecting the court's orders and failing to execute them in 'true letter and spirit,' Justice Battu Devanand said the present issue is a 'classic example' of the 'lethargic attitude' of several bureaucrats. He said that chief secretaries have no concern towards the common people and poor litigants. Such litigants are not able to enjoy the fruits of justice even after the passing of orders by the Madras High Court. He said the court intends to initiate the suo motu contempt proceedings to send a clear message to the bureaucrats, who are acting 'brazenly' and not implementing the court's orders.
