# Amit Kumar & Ors v. Union of India & Ors

- **Citation:** 2025 INSC 384
- **Court:** Supreme Court of India
- **Decided:** 2025-03-24
- **Case number:** Criminal Appeal No. 1425 of 2025
- **Bench:** J.B. Pardiwala, R. Mahadevan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/amit-kumar-ors-v-union-of-india-ors-38345
- **Pages:** 72

## Headnote

(i)
What is the scope of section 174 CrPC and how is it different
from investigation pursuant to filing of FIR under section 154
CrPC.
(ii)
Whether recourse to inquest proceedings under Section
174 of the CrPC by the Police obviates the requirement of
registration of F.I.R. under section 154 of CrPC.
(iii) What is the settled law with regard to registration of FIR as
laid down by this Hon'ble Court.
(iv) Whether the High Court was right in passing the impugned
order rejecting the prayer for issue of writ of mandamus
directing the Police to register FIR and investigate on it.
Headnotes†
Scope of inquiry under section 174 CrPC - Explained:
Held: Section 174 CrPC inquiry is limited in scope - Its purpose is
ascertainment of the apparent cause of death - Inquest proceedings
are concerned with discovering whether in a given case the death
was accidental, suicidal, homicidal, or caused by an animal and
in what manner or by what weapon or instrument the injuries on
the body appear to have been inflicted and the evidence taken
therefore is short as held in Chaman Lal v. Emperor, AIR 1940 Lah
210, at 214 - Inquest proceedings are conducted by the police or a
Magistrate and conclude with the filing of an inquest report before
the Sub-Divisional Magistrate (SDM), District Judge, or Magistrate
as the case may be as explained in Pedda Narayana v. State of
Andhra Pradesh,(1975) 4 SCC 153. [Paras 21-23, 26]
* Author
1580
[2025] 3 S.C.R.
Supreme Court Reports
Section 154 CrPC - Explained with case laws:
Held: Section 154 CrPC lays down procedure for registration of
First Information Report in cognizable offences - This Court in
Ashok Kumar Todi v. Kishwar Jahan (2011) 3 SCC 758 explains
procedure to be undertaken for initiating an investigation into a
cognizable offence beginning with information about the commission
of a cognizable offence, culminating in registration of F.I.R. and
ending with filing of a chargesheet/challan before the competent
court under Section 173 or a final report as the case may be -
Objective of proceedings under Section 154(1) is explained
by this Court in Manoj Kumar Sharma v. State of Chhattisgarh
(2016) 9 SCC 1 - Object and purpose of filing an F.I.R. though
not substantive evidence has been explained in Sheikh Hasib
AliasTabarak v. State of Bihar (1972) 4 SCC 773 from the point
of view of the informant is to set the criminal law in motion and
from the point of view of the investigating authorities is to obtain
information about the alleged criminal activity so as to be able to
take suitable steps for tracing and bringing to book the guilty party.
[Paras 24-25, 29-30]
Investigations under sections 154 and 174 CrPC - How are
they different:
Held: The investigations conducted under Sections 154 and 174
of the CrPC respectively are distinct in nature and purpose -
Investigation after registration of F.I.R. under Section 154 of the
CrPC is an investigation into an offence and the investigation under
Section 174 of the CrPC is an inquiry into the apparent cause of
death - The phrase 'investigation' used in Section 174 CrPC is
not to find out who are the offenders but an inquiry into the cause
of death. [Paras 24, 27-28]
Section 154 CrPC - Settled law with respect to registration of
FIR in light of case laws:
Held: In Thulia Kali v. State of T.N. (1972) 3 SCC 393 this Court
held that delay in lodging FIR quite often results in embellishment
which is a creature of afterthought and report not only gets bereft
of the advantage of spontaneity, but there could be introduction
of coloured, exaggerated or concocted version - In State of
Haryana v. Bhajan Lal (1992) Supp. 1 SCC 335 it was held that,
"It is, therefore, manifestly clear that if any information disclosing
[2025] 3 S.C.R.
1581
Amit Kumar & Ors. v. Union of India & Ors.
a cognizable offence is laid before an officer in charge of a police
station satisfying the requirements of Section 154(1) of the Code,
the said police officer has no other option except to enter

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[2025] 3 S.C.R. 1579 : 2025 INSC 384
Amit Kumar & Ors.
v.
Union of India & Ors.
(Criminal Appeal No. 1425 of 2025)
24 March 2025
[J.B. Pardiwala* and R. Mahadevan,* JJ.]
Issue for Consideration
(i)
What is the scope of section 174 CrPC and how is it different
from investigation pursuant to filing of FIR under section 154
CrPC.
(ii)
Whether recourse to inquest proceedings under Section
174 of the CrPC by the Police obviates the requirement of
registration of F.I.R. under section 154 of CrPC.
(iii) What is the settled law with regard to registration of FIR as
laid down by this Hon'ble Court.
(iv) Whether the High Court was right in passing the impugned
order rejecting the prayer for issue of writ of mandamus
directing the Police to register FIR and investigate on it.
Headnotes†
Scope of inquiry under section 174 CrPC - Explained:
Held: Section 174 CrPC inquiry is limited in scope - Its purpose is
ascertainment of the apparent cause of death - Inquest proceedings
are concerned with discovering whether in a given case the death
was accidental, suicidal, homicidal, or caused by an animal and
in what manner or by what weapon or instrument the injuries on
the body appear to have been inflicted and the evidence taken
therefore is short as held in Chaman Lal v. Emperor, AIR 1940 Lah
210, at 214 - Inquest proceedings are conducted by the police or a
Magistrate and conclude with the filing of an inquest report before
the Sub-Divisional Magistrate (SDM), District Judge, or Magistrate
as the case may be as explained in Pedda Narayana v. State of
Andhra Pradesh,(1975) 4 SCC 153. [Paras 21-23, 26]
* Author
1580
[2025] 3 S.C.R.
Supreme Court Reports
Section 154 CrPC - Explained with case laws:
Held: Section 154 CrPC lays down procedure for registration of
First Information Report in cognizable offences - This Court in
Ashok Kumar Todi v. Kishwar Jahan (2011) 3 SCC 758 explains
procedure to be undertaken for initiating an investigation into a
cognizable offence beginning with information about the commission
of a cognizable offence, culminating in registration of F.I.R. and
ending with filing of a chargesheet/challan before the competent
court under Section 173 or a final report as the case may be -
Objective of proceedings under Section 154(1) is explained
by this Court in Manoj Kumar Sharma v. State of Chhattisgarh
(2016) 9 SCC 1 - Object and purpose of filing an F.I.R. though
not substantive evidence has been explained in Sheikh Hasib
AliasTabarak v. State of Bihar (1972) 4 SCC 773 from the point
of view of the informant is to set the criminal law in motion and
from the point of view of the investigating authorities is to obtain
information about the alleged criminal activity so as to be able to
take suitable steps for tracing and bringing to book the guilty party.
[Paras 24-25, 29-30]
Investigations under sections 154 and 174 CrPC - How are
they different:
Held: The investigations conducted under Sections 154 and 174
of the CrPC respectively are distinct in nature and purpose -
Investigation after registration of F.I.R. under Section 154 of the
CrPC is an investigation into an offence and the investigation under
Section 174 of the CrPC is an inquiry into the apparent cause of
death - The phrase 'investigation' used in Section 174 CrPC is
not to find out who are the offenders but an inquiry into the cause
of death. [Paras 24, 27-28]
Section 154 CrPC - Settled law with respect to registration of
FIR in light of case laws:
Held: In Thulia Kali v. State of T.N. (1972) 3 SCC 393 this Court
held that delay in lodging FIR quite often results in embellishment
which is a creature of afterthought and report not only gets bereft
of the advantage of spontaneity, but there could be introduction
of coloured, exaggerated or concocted version - In State of
Haryana v. Bhajan Lal (1992) Supp. 1 SCC 335 it was held that,
"It is, therefore, manifestly clear that if any information disclosing
[2025] 3 S.C.R.
1581
Amit Kumar & Ors. v. Union of India & Ors.
a cognizable offence is laid before an officer in charge of a police
station satisfying the requirements of Section 154(1) of the Code,
the said police officer has no other option except to enter the
substance thereof in the prescribed form, that is to say, to register
a case on the basis of such information." - The ratio in Bhajan
Lal was affirmed by a Constitution Bench in Lalita Kumari v.
Government of U.P. (2014) 2 SCC 1 where it was held that there
is no reason that there should be any discretion or option left with
the police to register or not to register an FIR when information
is given about the commission of a cognizable offence when the
legislative intent is clear from the section - Timely registration of
FIR helps in upholding rule of law, prevent any undue delay in the
commencement of criminal investigation, preservation of crucial
evidence and protect the rights of victims. [Paras 31-35]
Registration of FIR - Law summarized:
Held: The aforesaid advisory makes the following very clear:
i.
Registration of an F.I.R. is mandatory under Section 154
of the Code, if the information discloses commission of a
cognizable offence and no preliminary inquiry is permissible
in such a situation.
ii.
If the information received does not disclose a cognizable
offence but indicates the necessity for an inquiry, a preliminary
inquiry may be conducted only to ascertain whether a
cognizable offence is disclosed or not.
iii.
If the inquiry discloses the commission of a cognizable offence,
the F.I.R. must be registered - In cases where preliminary
inquiry ends in closing the complaint, a copy of the entry of
such closure must be supplied to the first informant forthwith
and not later than one week - It must disclose reasons in
brief for closing the complaint and not proceeding further.
iv.
The police officer cannot avoid his duty of registering the
offence if a cognizable offence is disclosed - Action must be
taken against erring officers who do not register an F.I.R. if
information received by them discloses a cognizable offence.
v.
The scope of preliminary inquiry is not to verify the veracity
or otherwise of the information received but only to ascertain
whether the information reveals any cognizable offence.
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vi.
As to what type and in which cases preliminary inquiry is to
be conducted will depend on the facts and circumstances
of each case - The category of cases in which preliminary
inquiry may be made are as under:
a.
Matrimonial disputes/ family disputes
b.
Commercial offences
c.
Medical negligence cases
d.
Corruption cases
e.
Cases where there is an abnormal delay in initiating
criminal prosecution, for example, over three months
delay in reporting the matter without satisfactorily
explaining the reasons for delay - The aforesaid are
only illustrations and not exhaustive of all conditions
which may warrant preliminary inquiry.
vii.
While ensuring and protecting the rights of the accused and
the complainant, a preliminary inquiry should be made time
bound and in any case it should not exceed 7 days - The
fact of such delay and the causes of it must be reflected in
the General Diary entry.
viii. Since the General Diary/Station Diary/Daily Diary is the record
of all information received in a police station, we direct that all
information relating to cognizable offences, whether resulting
in registration of an F.I.R. or leading to an inquiry, must be
mandatorily and meticulously reflected in the said Diary and
the decision to conduct a preliminary inquiry must also be
reflected, as mentioned above. [Para 46]
Whether an FIR ought to have been registered by the Police
in the facts of this case:
Held: Offence alleged to have been committed under Section
3(1)(q) of the SC ST Act, 1989 is a cognizable offence under
Section 18 of the said Act - Complaint made alleging abatement
of suicide also discloses a cognizable offence under IPC - The
Police ought to have followed due process of law i.e., filed an FIR,
investigated on it and filed a closure report if no case is made
out - DCP (South-West District, New Delhi) to register the First
Information Report in line with two respective complaints lodged in
writing and depute any responsible officer, not below the rank of
[2025] 3 S.C.R.
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Amit Kumar & Ors. v. Union of India & Ors.
Assistant Commissioner of Police, to undertake the investigation
in accordance with law. [Paras 40-42, 48]
Responsibilities of educational institutions in case of such
unfortunate circumstance - Elaborated:
Held: Responsibility of maintaining the safety and well-being of
students rests heavily on the administration of every educational
institution - In the event of any unfortunate incident, such as a
suicide occurring on campus, it becomes their unequivocal duty to
promptly lodge an F.I.R. with the appropriate authorities - Such action
is not only a legal obligation but also a moral imperative to ensure
transparency, accountability,and the pursuit of justice. [Para 47]
National Task Force to address mental health concerns of
students and prevent the commission of suicides in Higher
Educational Institutions - Constitution - Duties and powers.
[Paras 69, 70, 71, 72, 75, 78]
Case Law Cited
Pedda Narayana v. State of Andhra Pradesh [1975] Supp. 1 SCR
84 : (1975) 4 SCC 153; Ashok Kumar Todi v. Kishwar Jahan [2011]
3 SCR 597 : (2011) 3 SCC 758; Manoj Kumar Sharma v. State of
Chhattisgarh [2016] 7 SCR 154 : (2016) 9 SCC 1; Sheikh Hasib
Alias Tabarak v. State of Bihar (1972) 4 SCC 773; Thulia Kali v.
State of T.N. [1972] 3 SCR 622 : (1972) 3 SCC 393; State of
Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992) Supp.
1 SCC 335; Lalita Kumari v. Government of U.P. [2013] 14 SCR
713 : (2014) 2 SCC 1 - relied on.
National Campaign on Dalit Human Rights v. Union of India [2016]
9 SCR 122 : (2017) 2 SCC 432; Farzana Batool v. Union of India
[2021] 4 SCR 388 : 2021 SCC OnLine SC 3433 - referred to.
Chaman Lal v. Emperor, AIR 1940 Lah 210 - referred to.
List of Acts
Code of Criminal Procedure, 1973; Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
List of Keywords
First Information Report; Delay in registering FIR; Suicide; Higher
Education; Indian Institute of Technology.
1584
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Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1425 of 2025
From the Judgment and Order dated 30.01.2024 of the High Court
of Delhi at New Delhi in WPCRL No. 2945 of 2023
Appearances for Parties
Advs. for the Appellants:
Mehmood Pracha, R. H. A. Sikander, Jatin Bhatt, Sanawar, Kshitij
Singh, Ms. Nujhat Naseem.
Advs. for the Respondents:
Brijender Chahar, A.S.G., Mukesh Kumar Maroria, Abhijit Pandove,
Amit Sharma Ii, Mrs. Bani Dikshit, Varun Chugh, Gaurang Bhushan.
Judgment / Order of the Supreme Court
Judgment
J.B. Pardiwala & R. Mahadevan, JJ.
For the convenience of exposition, this judgment is divided into the
following parts:
INDEX*
A.
FACTUAL MATRIX .............................................................
2
B.
SUBMISSIONS ON BEHALF OF THE APPELLANTS .....
24
C.
SUBMISSIONS ON BEHALF OF THE RESPONDENT
NOS. 2, 3, 4 AND 7 RESPECTIVELY ...............................
26
D.
SUBMISSIONS ON BEHALF OF THE RESPONDENT
NO. 5 - IIT DELHI ................................................................
30
E.
ANALYSIS ..........................................................................
41
i.
Scope of Section 174 of the CrPC ..............................
44
ii. F.I.R. under Section 154 of the CrPC ..........................
50
* Ed. Note: Pagination as per the original Judgment.
[2025] 3 S.C.R.
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Amit Kumar & Ors. v. Union of India & Ors.
F.
CONCLUSION .................................................................. .
68
G.
NATIONAL TASK FORCE TO ADDRESS THE MENTAL
HEALTH CONCERNS OF STUDENTS AND PREVENT THE
COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL
INSTITUTIONS .................................................................
69
1.
Leave granted.
2.
This appeal arises from the judgment and order passed by the High
Court of Delhi, dated 30.01.2024, in Writ Petition Criminal No. 2945
of 2023 by which the High Court rejected the writ application filed by
the appellants herein declining to issue a writ of mandamus to the
Police for the purpose of registration of a First Information Report
(for short, "F.I.R.") in connection with the commission of suicide
by two students - sons of the appellant no. 2 and appellant no. 3
herein respectively - while they were studying at the Indian Institute
of Technology, Delhi (for short, "IIT, Delhi").
A.
FACTUAL MATRIX
3.
We propose to borrow the facts giving rise to this appeal straight from
the impugned judgment of the High Court. The same reads thus:
"1. The present petition under Article 226 and 227 of the
Constitution of India has been filed by the petitioners with
the following prayers:-
"a) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus, thereby
directing the police authorities or Respondent No. 6
to register appropriate FIRs in the cases involving the
deaths of the sons of Petitioner No. 2 and Petitioner
No. 3; and
b) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus, thereby
directing the investigation of the cases to be done
by Respondent No. 6; and
1586
[2025] 3 S.C.R.
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c) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus, thereby
directing the Respondent No. 6 to conduct a thorough,
impartial investigation into the caste based atrocities
being committed in the premises of Respondent No.
5; and
d) monitor the investigation of the case; and
e) direct an independent inquiry into caste based
atrocities being committed in the premises of
Respondent No. 5; and
f) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus, thereby
commanding the Respondents to ensure strict
compliance and implementation of provisions of SC/
ST(POA)Act,1989 and rules and regulations under
the SC/ST(POA) Rules 1995.
g) pass any other or further orders, as this Hon'ble
Court may deem fit and proper in the circumstances
of the present case."
2. In brief the facts of the case are that Complaints dated
26.07.2023 and 09.09.2023 were filed by the petitioners
who are the parents of two deceased students of B.Tech
(Mathematics and Computing) at Indian Institute of
Technology, Delhi, wherein, it was alleged that one student,
namely, Ayush Ashna was found dead on 08.07.2023 at his
Hostel Room No. WH-02, Seventh Floor, Udaigiri Hostel,
IIT, New Delhi and another student, namely, Anil Kumar
was found dead on 01.09.2023 in his Hostel Room No.
EA-18, Ground Floor, Vidhyachal Hostel, IIT, New Delhi. It
is alleged in the complaints that they were murdered with
the conspiracy of IIT Faculty members to hide the real facts
and both the students have been falsely shown to have
committed suicide. It is further alleged in the complaints
that both the students belonged to Scheduled Castes and
they had informed their parents several times regarding
caste discrimination by the faculty/staff of IIT, Delhi and
therefore, the petitioners alleged that the faculty members
are trying to save the real accused persons and the police
[2025] 3 S.C.R.
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Amit Kumar & Ors. v. Union of India & Ors.
officials are also not investigating the matter in a proper
manner. In view of the above said complaints, an enquiry
was conducted in both the cases.
3. As per the Status Report filed by the Ld. ASC, postmortem
of the deceased Ayush Ashna was conducted vide PM
No. 1500/23, wherein the cause of death was held to be
"asphyxia as a result of hanging due to ligature". During
the course of enquiry, statements of father, brother, other
relatives and friends of the deceased were recorded in
which it was found that the deceased had failed in some
of the subjects in the prior semester exams due to which
he was under depression. They further denied any foul
play or any suspicion regarding the death of deceased.
Father of the deceased, namely, Ramesh Kumar had
later given a written complaint in the police station, in
which he alleged that his son Ayush Ashna was facing
caste based discrimination by his hostel mates and other
faculty members during the beginning of his academic year
2019-2020 and he also suspected in the complaint that
his son could not have taken such steps and someone
might have killed his son with the connivance of faculty
members. Therefore, to clarify the facts, the grade reports
of Ayush Ashna were collected from IIT and it was found
that during the 2nd semester of year 2022-23, he had
failed in some of the subjects and got lower grades i.e.,
Grade F which stands for Very Poor in 5 out of 7 subjects.
During further enquiry, several other students of IIT, Delhi
who belonged to Scheduled Castes and Scheduled Tribes
were also examined, wherein none of them reported any
caste-based discrimination against any of them.
4. In the case of Anil Kumar, postmortem of the deceased
was conducted vide PM No. 2048/23 wherein the cause of
death was held to be "asphyxia consequent to ante-mortem
compression of neck by ligature". During the course of
enquiry, statements of the brother, mother, other relatives
and friends of the deceased were recorded who stated that
due to scoring less marks in exams, deceased was under
stress. They further denied any foul play or any suspicion
regarding the death of deceased. Brother of the deceased,
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namely, Amit Kumar had later given a written complaint
in the police station, in which he alleged that Anil Kumar
was facing caste- based discrimination by his teachers
and other faculty members. He also suspected in the
complaint that his brother could not have taken such steps
and someone might have killed him with the connivance of
faculty members and the faculty members are also trying
to save the real accused persons. He further alleged in
his complaint that there was some kind of bleeding from
the ears of the dead body and blood stains were scattered
all over the room and thus, the same does not appear to
be an incident of suicide.
5. Accordingly, further enquiry was conducted in the case
wherein it was found that Anil Kumar had taken admission
in IIT Delhi in 2019 vide Entry No. 2019 MT10674 in B.Tech
(Mathematics and Computing) and he was allotted Room
No. SD-11, Vindhyachal Hostel at the time of admission.
During the semester period of 2020-21 and 2022-23,
he got low grades in some of the subjects. Deceased
Anil Kumar extended his stay at the hostel for the
preparation of remaining subjects and completing the
course and the same was granted by the relevant
department immediately. Subsequently, he was allotted
Room No. EA-18, Vindhyachal Hostel. The deceased could
not clear some subjects and was residing in hostel on
further six months extension. As per the rules, his hostel
was to be vacated in June but as he could not qualify
some subjects, he was given extension for six months to
clear the exams.
6. On further verification of facts, it was revealed that
the deceased passed all the subjects in 1st year but
he later failed in two subjects out of seven subjects in
3rd semester. Thereafter, in 4th semester he took only
one subject and failed in the same, in the following year
(2021-22) he failed to pass any subject, in 7th semester
he failed in one subject out of six subjects and finally in
8th semester he failed in two subjects out of six subjects
and therefore, he was given an extension to clear all the
subjects. Furthermore, Hostel allotment letters were also
[2025] 3 S.C.R.
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Amit Kumar & Ors. v. Union of India & Ors.
analyzed and it was found that there was no column
revealing the category of the students as to whether she/
he belongs to SC/ST/General category in any of the form
and only entry number was mentioned in all the forms and
thus, no evidence of caste-based discrimination against
the deceased was found."
4.
Thus, it appears from the aforesaid that two young boys aspiring
to be engineers were found dead in their respective hostel rooms
under suspicious circumstances. Ayush Ashna was found dead on
08.07.2023 in his hostel room No. WH-02 situated on the 7th Floor,
Udaigiri Hostel, IIT, New Delhi, whereas, Anil Kumar was found dead
on 01.09.2023 in his hostel room No. EA-18 situated on the Ground
Floor of Vindhyanchal Hostel at IIT Delhi.
5.
It appears from the materials on record that the father of Ayush Ashna
lodged a complaint with the Dy. Commissioner of Police, South-West
District, New Delhi, dated 21.07.2023, which reads thus:
"
Seal
OFFICE OF THE DEPUTY
COMMISSIONER OF POLICE
SOUTH WEST DISTRICT
RECEIVED BY:
DHARAMPAL
SIGNATURE : SD/
Dated:26.07.2023
Dated: 21.07.2023
To
The DCP
(South West District)
Vasant Vihar, New Delhi-l10067
Subject: Complaint against the death of Ayush Ashna s/o
Ramesh Kumar, student of 4th year B.Tech.(Mathematics
and Computing) IIT, Delhi, Hauz Khas, New Delhi-110016.
1. The complainant is the unfortunate father of the deceased
son Ayush Ashna, student of 4th year B. Tech, (Mathematics
and Computing) BT, Delhi residing at his room No. WH-02,
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Udaigiri Hostel, IIT Delhi-110016 and with heavy heart I am
formally filing a complaint regarding the tragic death of my
beloved son, Ayush Ashna, on midnight of 8th July, 2023
and I believe there circumstances surrounding his death
that warrant a thorough investigation by your esteemed
department and my son, Ayush Ashna was a 21 year old
student who had a bright future ahead of him. His sudden
and unnatural death has left us devastated and searching
for answers. While I recognize that all of sudden and
untimely and unnatural deaths have external causes and
I have also reason to believe that there may have been
factors contributing to his untimely and unnatural deaths,
and I implore you to investigate the matter impartially and
thoroughly and I seek a comprehensive investigation into
the events leading up to our son's untimely and unnatural
death.
2. That my deceased son Ayush Ashna was a brilliant
student from his school days, and in his first attempt he
had cracked the prestigious JEE-Advanced 2019 exam and
on the basis All India Rank in SC Category qualified to be
admitted in First year of B. Tech. (Chemical Engineering)
in IIT, Delhi in the academic year 2019 as this was proud
moment for parents and relatives as their elder son also
passed out from IIT, Delhi by completing B. Tech. (Civil
Engineering) in the same year.
3. That my deceased son, since beginning of the academic
year 2019-20 started facing caste based discrimination by
his hostel mates and other faculty members however the
complainant advised the deceased son to focus on his study
only and over the time the all things will come in order.
4. That my deceased son Ayush Ashna was full of life
and he always remained in touch with his mother and
his elder brother as both residing in Delhi and with some
close relatives who are also residing in Delhi.
5. That my son changed his department from B.Tech
(Chemical Engineering) to Department of Mathematics and
Computing which clearly demonstrate that my son was
doing well in study and might have a bright future ahead.
[2025] 3 S.C.R.
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6. That he had changed his hostel residence from
Jwalamukhi Hostel to Udaigiri Hostel after his category
was disclosed in a published branch change list. He told
that he noticed a change in his friends behaviour as they
grew distant and rarely talked to him.
7. That after COVID-19 restrictions were lifted and all
students were allowed back to their respective hostel
so as my deceased son Ayush Ashna took, residence in
Udaigiri Hostel, IIT Campus, Delhi and was doing well
and in his study.
8. That during his final year at B. Tech., he had not
performed well in some papers and thereafter he decided to
stay in same Hostel for further studies and also registered
in a summer course conducted by Mathematics and
Computing in this regard.
9. That it is pertinent to mention that, 1st July, 2023 was
my deceased son's 20th birthday and was greeted by
his mother and brother and other near and dears and
on phone he also discussed with his elder brother about
further studies and other future prospect.
10. That on 5th July 2023 his elder brother and his mother
called on his phone many times but no response was
received and at night of 5th July 2023 the elder son and my
wife alongwith her brother went to Udaigiri Hostel where
the family of the deceased kept at dark for an hour and
later on it was disclosed by the IIT Hostel authorities to his
family present at hostel on the night of 8/9 July 2023 that
the my son was left this material world by hanging himself.
11. That after hearing this tragic and devastating news my
elder son and my wife alongwith her brother lost conscious
and went into unconscious stage as it was very hard to
believe that how my young son of age of 21 years can take
such extreme step as he had yesterday celebrated birthday.
12. That as it was so informed, by my wife and my elder
son and my brother-in-law present at that time that the
deceased son Ayush was found hanging, from his study
desk with his knees resting on a small trolley bag and by
looking the body its seems that someone murdered my
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son and tied rope and wires around his neck which was
attached to leg of his of four feet study table, later on
some crime team arrived and took some photographs of
the crime scene.
13. That was informed by my wife and my elder son and
my brother-in-law (mama of deceased Ayush Ashna) it is
also pertinent to mention here that by instant appearance
of sitting posture of body has been hanged by someone
else as there may not be sufficient pressure on neck in
sitting posture of person and when height of body is more
than 5.8 feet.
14. That the IIT Delhi administration since beginning of
the present tragic incident.
15. That it is highly improbable that my son can hang himself
from with the table with the height of around four feet as
my son was around 5.8 feet tall and weighed around 7580 kg. as it is also important to mention here that during
the periods of last four years with his stay in IIT Delhi not
a single person complained against him about anything.
16. That IIT, Delhi as an educational institution, it is of
utmost importance to prioritize the well-being of students
specially hailed from marginalized society. The loss of my
deceased son Ayush Ashna is not just an isolated incident
but a reflection of potential systemic deficiencies in the
support and resources available to students facing caste
based discrimination and harassment I feel compelled to
bring the issue to your attention.
17. That Conduct a thorough investigation into the
circumstances leading to untimely and unnatural death of
my son Ayush Ashna and assess whether any deliberate
negligence or oversight contributed to this tragedy.
18. That the biased attitude of IIT Delhi is also neglecting
in the conduct of the IIT Delhi administration as on the
fateful night, the concerned person IIT Delhi prevented,
the mother, brother and mama (maternal uncle) to follow
the ambulance upto the Safdarjung Hospital and confined
the aforesaid person into IIT guest house and on 9th July
[2025] 3 S.C.R.
1593
Amit Kumar & Ors. v. Union of India & Ors.
2023 ambulance booked by the person concerned present
at mortuary, Safdarjung Hospital broke down midway and
adding insult to injury replacement ambulance arrived
without equipped with freezer resultant body decomposed
rapidly and according the complainant was forced by
circumstances to perform last rites in the honour of departed
soul during midnight.
19. That the till date no FIR, has been registered against
the person/s responsible for tragic demise of my son Ayush.
20. That, the IIT Delhi administration is in process of
suppressing vital information and playing down the tragic
demise of my son Ayush and treating it as an another
suicide case of due to study stress. And not even
considering the possibility of murdering of the student of
the marginalized society.
21. That as a grieving parents, we understand that this
investigation cannot bring our son back, but we hope that
it may shed light on the circumstances surrounding his
untimely and unnatural death of my son Ayush and further
under the facts and circumstances as explained herein
above, you are kindly requested to order for registration
of FIR against the person involved in this well planned of
our beloved young son Ayush Ashna and thorough and
impartial investigation be made into the case against the
person responsible for doing such heinous crime.
22. That it is my sincere hope that your esteemed department
will take this complaint seriously and act promptly to do
justice. By doing so, the esteemed department can
demonstrate its commitment to the well-being of its students
hailed from marginalized society and create a supportive
environment that fosters growth and resilience.
Sd/-
(Ramesh Kumar)
Father of deceased son Ayush Ashna
R/o Plot No. 26, Lane No. 8,
Rameshwaram Colony, Sacred Heart School
Bareiily-243122
M. No. 9068401586."
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6.
In the same manner, on 09.09.2023, the elder brother of Anil
Kumar lodged a complaint in writing with the Station House Officer,
Kishangarh, New Delhi which reads thus:
"Dated: 09.09.2023
To,
Station House Officer
Kishangarh, New Delhi
Subject: Regarding the fearless murder of my younger
brother Anil Kumar, S/o Suresh Kumar - Village Anosa,
District Banda, Uttar Pradesh. In connection with the brutal
murder due to racial hatred at IIT Delhi,
Sir,
I, Amit Kumar S/o Suresh Kumar, Village Anosa District
Banda, Uttar Pradesh. Date 01.09.2023 in 7:25 I
received call from someone who is saying I am professor,
Aditya Mittal, who are of you Anil Kumar? I told him I
am his elder brother. Then he said that Anil Kumar has
committed suicide. After that I received lots of call from
different phone numbers.
Between the calls a college security officer named Balram
Yadav also Call me (mob no. 9650612090) and told me
that Anil Kumar committed suicide.
Then around 10:30 PM Mobile No.991632959, 1 got
call saying that I am calling from Kishangarh IIT Delhi
Anil Kumar committed suicide come to Delhi. I with my
brother Aashis Kumar, brother in law Vimal Kumar, brother
in law Vinod Kumar, mother Vidya Devi, wife Sunaina devi
left for Delhi.
On Dated 2-9-23 approx 7:30 AM we reached to Delhi.
We called the same mobile number of Kishangarh police
station and said, we have reached to Delhi but we are not
able to find the way to the police station, you come and
take us. Police said, you come yourself, we cannot come,
we can send you the location. I said I don't understand.
But police did not come to us.
[2025] 3 S.C.R.
1595
Amit Kumar & Ors. v. Union of India & Ors.
After that I called Balram Yadav stating that I don' t know
the way to the College, please send someone to pick me
up. So they sent two guards who took us to the college
guest house and did not give us any information for the
next 2 hours. On our continued request, we were taken
to Anil Kumar's hostel Vindhyanchal. Where the gate was
locked. When we asked the college to open the lock, they
said that the key is with the police.
Then someone told that there is a window, it will be
visible from there, when I looked through the window,
there was a lot of blood on the table and floor in the
room. There were some other things lying in the room.
We took videos and photos, then after seeing all this
I said that my brother was murdered because of caste
hatred. This is not suicide, my brother cannot commit
suicide. He knew very well the situation at home and
the circumstances how were we teaching him. On 2708-23 I sent Anil Kumar 15,000/- money for buying new
mobile phone. On 29-08-23 he called me and told me
that the mobile is working well. Then I asked him, is
there anything like that? So he told me that sometimes
inappropriate case based words are used by the teacher.
Then I called 9971632959, which is SI Dharmendra ji's
mobile number, I told him that my brother was murdered,
he is not commit suicide. Our family members were
deeply shocked by Anil's murder.
SI Dharmendra ji asked me to come Kishangarh police
station, I again said, I do not know the way to Kishangarh
police station.
Then he said that you have to come here. At around
11:00 a.m., Balram Yadav or some other people brought
us to Kishangarh police station. At the police station, SI
Dharmendra ji showed the video on mobile and laptop,
I watched the video and told SI Dharmendra ji that this
was not suicide but murder due to caste hatred. But he
did not agree and kept saying again and again that it was
suicide not murder. Then he introduced us to SHO Sir.
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SHO Sir said that his marks were low and he had failed
in one subject, due to which he committed suicide. We
said, again because of caste hatred Anil was murdered.
We have come from his college, professor Simon a madam
who was his professor told us that Anil was very good in,
studies, his marks never go down, nor can he commit
suicide still police officials said it was suicide, not murder.
Then we were made, to sign many papers and at around
12:10 pm, the police took us to ACT Yadav Sir of Sarojini
Nagar police station, he also told us that Anil Kumar had
committed suicide because his number was low then.
I told him that 1 had talked to Anil Kumar on 29-08-23, he
had told that sometimes, inappropriate case based words
are used by the teacher otherwise everything is OK. Sir,
he has been murdered. We demand CBI investigation for
my brother at approx 12:40 pm police officer take us to
Safdarjung hospital. Were got a lot of papers signed at
the police station in the hospital. When the media persons
tried to talk to us in. the hospital, the police told us that we
cannot talk to the media. We kept requesting the police to
show the body of Anil Kumar for 2 hours, but the police
refused. Then before the post mortem at 2:40 pm they
took me, Vinod Kumar and Aashis to see the body. When
we saw the body of Anil Kumar, there was red coloured
cloth on the neck, we tried to remove the cloth the police
or the doctor told us that the cloth could not be removed
or nor we touch the body. Anil was murdered because of
ruthless caste hatred, despite our repeated requests for the
reason of asking the police did not remove the cloth and
said that a video is being made, you can watch it. Blood
was coming out from the ears of Anil Kumar and there
was a lot of smell from the body, then we came out, after
the post mortem we asked the police to show the CCTV
camera of the college and Anil Kumar's room. The police
showed the video of 10 or 15 minutes, after that they told
us this will take time don't waste time. I. asked the police
office to give us the CCTV videos or to record the videos
The policeman kept our phones, safe in his car and said
[2025] 3 S.C.R.
1597
Amit Kumar & Ors. v. Union of India & Ors.
that we could not make videos. Then we were taken to
Anil Kumar's room. There was a lot of blood and other
things lying on the table or floor of the room. Then, I told
to the police that how could this much of blood come from
hanging. This is a murder committed due to caste hatred.
Then we took the body from, the hospital and came to
the Banda and after coming to Muktidhaam we opened
the body and saw that there was soot on his mouth, hand
and foot. We did videos and photos and on 03-09-2023 at
9:45 am Ani's last rites were performed then I remembered
ones when Anil Kumar comes to home in may on vacation.
Then he told me that, by the some of the college teacher
always used caste indicative word and they said that 'how
did you came here, you don't have right to study, this is
not for you guys.' I called SI Dharmendra ji three four
times, but he did not pick up my call. Then I called later
to asking when will the PM report come, he said that it will
be received after 15 days, then I said why is it getting so
late, he said, this is what happens. Just like my brother
Anil Kumar was murdered on the basis of caste hatred.
Similarly, something similar happened with Ayush student of
the same department. And I have come to my knowledge
that SC caste students are treated very badly in IIT Delhi.
I request you Sir that my brother Anil Kumar has been
murdered because of Caste Hatred. So register a case
against culprits and take legal action. I want justice.
Sd/-
Amit Kumar
Applicant
Dated
09.09.2023."
7.
The record further reveals that a letter was addressed by an Advocate
named Mahmood Pracha of New Delhi to the Chief Secretary,
Government of National Capital Territory of Delhi on 13.09.2023,
seeking directions to the Delhi Police to register the F.I.R. in connection
with the suspicious deaths of the two students referred to above.
The letter reads thus:
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"Dated 13th September 2023
To
The Chief Secretary
Government of National Capital Region of Delhi
Delhi Secretariat, IP Estate,
New Delhi -110002
Subject: Request for directions to Delhi Police for registering
FIR and effective and proper implementation of provisions
of the Criminal Procedure Code and provisions under
the Schedule Caste and Scheduled Tribes (Prevention
of Atrocities) Act and Rules made thereunder-RegardingDear Sir,
I am constrained to inform you about the caste-based
atrocities that were committed on the members of the
following families belonging to the Scheduled Caste
community due to which they have lost their sons who
were studying at Indian Institute of Technology New Delhi.
The members of both the families have exercised their
rights- under Section 15-A(12) of the Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act
1989 (Hereinafter referred to as "SC/ST(POA) ACT"
and Rule 4(5) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Rules, 1995 (Hereafter
referred to as SC/ST (POA) Rules), which provide that
the atrocity victims have the right to take assistance from
NGOs, social workers or Advocates, and have sought my
assistance as an Advocate to pursue their ease as they
are facing continuous hardships, and further atrocities,
from the erring Government/police officials in the murder
of both the victims/deceased namely Mr Anil Kumar s/o
late Shri Suresh Kumar resident of Banda District of Uttar
Pradesh, and Mr. Ayush Ashna s/o Mr. Ramesh Kumar,
resident of Bareilly, U.P.
Pursuant to their request for assistance under Section
15-A(12) "SC/ST (POA) Act" and Rule 4(5) "SC/ST (POA)
Rules"), I have met the members of both families of the
victims/deceased, namely Anil Kumar s/o late Shri Suresh
[2025] 3 S.C.R.
1599
Amit Kumar & Ors. v. Union of India & Ors.
Kumar resident of Banda District of Uttar Pradesh, and
Mr. Ayush Ashna s/o Mr. Ramesh Kumar resident of Bareilly,
U.P. After the meetings based on the information given to
me by them, which clearly shows gross culpability on part
of police, teachers, professors, other officials, and some of
unknown students in these cases, in helping the accused
to escape the lawful punishment, I am compelled to inform
you that there has been a flagrant violation/disobedience
of most of the mandatory provisions of the SC/ST (POA)
Act by various officials.
The brief facts of both the matters are given below which
are elaborated in the respective complaints.
a) Mr. Amit Kumar S/O late Shri Suresh Kumar, a resident
of Village Anousa, Distt. Banda Uttar Pradesh presently
residing at New Delhi has filed a complaint with SHO Kishan
Garh New Delhi vide DD No.