COURT RELIEF FOR STUDENT WHO PUT CAM IN LADIES’ LOO

By Shyam Prasad S, Bangalore Mirror Bureau | Dec 29, 2016, 04.00 AM IST

The high court has revoked the suspension from college of a marine geology student who is accused of planting a mobile phone as a camera in one of the ladies toilet of the Mangalore University. The court took this decision as the suspension “will spoil his future, which is more horrible than the punishment that would be given if the charges are proved”. A criminal case is pending against the student and the police are yet to file a charge sheet before the trial court. But he has been kept under suspension by the University since September 15. The revoking of the suspension will allow the student to take up exams.

Santhosh M, 22, is a II year student of MSc (marine geology). The mobile phone without a SIM card but attached to a power bank was found hidden in the bio-sciences block on August 24 this year. Based on a complaint by the Registrar of Mangalore University, Santhosh was arrested on September 14. He managed to get bail. But the following day, the University suspended him from college, barring him from attending classes.

Santhosh approached the HC against the suspension and claimed that the Registrar had no powers to punish him with rustication. Such an order can be passed only by the head of the college or hostel or institution concerned, the court was told. The university, however, told the court that till the police file a charge sheet, “it is not appropriate to revoke the suspension order.”

The HC in its judgment noted that the suspension is not a final order and also that it has been passed to keep Santhosh away from tampering with witnesses. However, it is for the police to file the charge sheet and if he is kept away from classes till that time, it would spoil his future. He has been under suspension from September 15 and such a long absence would be a far greater punishment for him than that could be given if the case against him is proved. For this reason, the suspension order was set aside.

The HC said that suspension of a candidate from attending classes can be taken only after a domestic enquiry keeping in mind that he may tamper witnesses. But in the present case, there is no domestic enquiry and there is only a criminal case that the police are still investigating.

The court further ordered that even if it is late, Santhosh should be allowed to pay the examination fee and permitted to write the exams. Santhosh is to make a representation to the university to condone the delay and also if there is any shortage of attendance.

“Since it is a special case, the respondent-university is directed to consider the application for condonation of shortage of attendance,” as he has been kept under suspension from attending classes, the HC said in its judgment. The police have booked Santhosh for voyeurism. They managed to zero in on Santhosh after watching CCTV footage in which he was seen entering the ladies toilet.