New Delhi, July 13 (IANS) The Supreme Court on Monday refused to grant anticipatory bail to Kannur Dental College professor Dr M. Kodanda Ram, accused of verbally harassing Dalit student Nithin Raj, who died by suicide in April, observing that “a message has to go” that teachers cannot behave with students in such a manner.

A Bench of Justices Vikram Nath and Sandeep Mehta dismissed the special leave petition (SLP) filed by Dr Ram challenging the Kerala High Court’s order rejecting his plea for pre-arrest protection in the case registered over the death of the dental student.

During the hearing, senior advocate D.S. Naidu, appearing for Dr Ram, argued that the alleged classroom humiliation had taken place nearly a month before the student’s death and, therefore, could not be treated as the proximate cause of the suicide.

The senior counsel submitted that an incident which occurred about an hour before the student’s death was more relevant, contending that Nithin Raj had allegedly taken a loan through a mobile application by using the name of a professor as guarantor without permission and was subsequently reprimanded in the principal’s chamber after complaints from recovery agents.

Naidu further argued that there were no allegations of caste-related remarks against Dr Ram and contended that prosecuting teachers for being strict with students would have a “chilling effect” on educators seeking to maintain discipline.

“He is a professor in a medical college,” Naidu submitted, adding that a teacher could sometimes become “overbearing in the interest of the student”.

Questioning the conduct attributed to the professor, the Justice Nath-led Bench remarked: “Inhuman is the only word that comes to mind. How does he address the students?”

It further remarked that the psychological impact of public humiliation on a student could not be ignored. “He has to realise the consequences of his actions. If a student is insulted in this way in the classroom, what will be the impact? It was the tipping point,” the top court observed.

When the senior counsel submitted that the accused professor had “learnt his lesson”, the Justice Nath-led Bench responded: “No question about learning a lesson. We won’t ask you to read the lines aloud.”

The apex court further observed: “That teacher can’t walk away with such kind of behaviour. A message has to go.”

It thereafter dismissed the SLP against the Kerala High Court order.

Nithin Raj, a dental student at Kannur Dental College, allegedly died by suicide on April 10 after jumping from a building near the college.

Based on a complaint lodged by his father, police booked Dr Ram and two other faculty members for abetment of suicide and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging that the student had been subjected to caste-based harassment and mental cruelty before his death.

Rejecting Dr Ram’s anticipatory bail plea on June 19, the Kerala High Court recorded the prosecution’s case that statements of students indicated improper conduct by the professor towards students and that he had allegedly instigated other faculty members to harass Nithin Raj.

During the proceedings before the High Court, the Kerala government had opposed the grant of pre-arrest protection, while the defence had relied on CCTV footage and documents relating to the student’s alleged loan recovery issues to argue that factors other than the alleged harassment had contributed to his death.

A single-judge Bench of Justice A. Badharudeen had also expressed concern over recurring allegations of harassment in medical colleges and observed that the government should consider constituting a committee to examine such complaints and recommend corrective measures before ultimately declining to grant protection from arrest to Dr Ram.

–IANS

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