Justice Sibo Sankar Mishra, presiding over the case, noted”It is expected from a lawyer that besides having legal knowledge, he supports the cause of vulnerables, advocates for the justice and become voice for voiceless. Upholding high standards of integrity, lawyer not only shapes their professional career but also set an example as a model citizen.”
Cuttack, Orissa: The Orissa High Court has quashed a ragging case against law students after a settlement was reached between the complainant and the accused.
Justice Sibo Sankar Mishra, presiding over the case, noted the inappropriate behavior of the law students. He emphasized the ethical and societal responsibilities that come with pursuing a legal career, stating:
“The petitioners before this Court are the students of law. The conduct of the petitioners are unbecoming of student of law. A good law student could eventually be a good lawyer that goes beyond the academic achievements.”
The judge further elaborated on the role of lawyers in society:
“It is expected from a lawyer that besides having legal knowledge he supports the cause of vulnerables, advocates for the justice and become voice for voiceless. Upholding high standards of integrity, lawyer not only shapes their professional career but also set an example as a model citizen.”
Case Background
The case involved allegations of ragging, where senior law students in SOA law University, Bhubaneswar were accused of causing harm and threatening a junior student. A complaint was lodged by the victim’s father, naming the senior students responsible. Following this, an FIR was registered, citing alleged offences under Sections 294 (obscene acts), 341 (wrongful restraint), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Advocate Jayadeb Behera represented the petitioners, while Additional Government Advocate U.R. Jena appeared for the respondent. The complainant’s report highlighted the harm caused to his son through ragging and threats. The matter was also raised before the Dean of the university.
Reflecting on the behavior of the accused law students, the judge remarked:
“However, in the nascent stage of their career as the law students, the conducts of the petitioners are highly objectionable. Ultimately pursuit of legal education is not just about eventual personal success but about thriving for a course change in the society towards positivity.”
Additional Government Advocate U.R. Jena informed the Court that the accused students had apologized to the victim’s father and filed an affidavit expressing their regret. He also mentioned that the incident occurred due to misunderstanding and sudden provocation.
The Court referred to the Supreme Court’s judgments in Gian Singh v. State of Punjab & Anr. (2012) and B.S. Joshi & Ors. v. State of Haryana & Anr. (2003), which support the quashing of criminal proceedings in cases where the parties have resolved their disputes amicably.
Justice Mishra opined:”Subjecting the petitioners to the rigours of the trial would be a futile exercise.”
While quashing the case, the Court directed the petitioners to volunteer at an orphanage of their choice for a week. The judge explained:
“This Court feels it appropriate to direct the petitioners to volunteer at an orphanage of their choice for a period of one week where they will involve in teaching or conducting any workshop for the children studying in the orphanage.”
Case Title: Sonel Sekhar Nayak and others vs. The State of Odisha & Anr
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