Madras HC quashes sentence of 21 students, appeals for teaching morals instead

Chennai: Setting aside the orders of a trial court, convicting and sentencing the then 21 students of Dr Ambedkar Law College involved in caste clash on the premises of the college in 2008, the Madras high court has made fervent appeal to the school and college students to learn not only the academic studies but also the high morals.

Passing orders on the appeals filed by Chithiraiselvan and 20 others, Justice R. Suresh Kumar said, “This court wants to make a fervent appeal to the students community that, the human life is a priceless gift given by the almighty, that too, without any major defects in the body like defect on eye, ear or any other part of the body, which means, having born as a healthy child, when we grow, we should cherish the human value. In this regard, during the school and college days, we should learn not only the academic studies but also the high morals. One must get instilled to lead a purposeful and meaningful life not only to the individual and to the family but also to society at large.

Hence, in the school and college days, only the universal brotherhood shall be the mantra among the students and in this regard, whatever animosity, ill will or hatchet emerged in day to day life, that should be buried then and there. Ours is the nation of Mahatma Gandhi, who has given the greatest weapon to the mankind, which is none else than the “non-violence.”

Senior counsels Gopinath and S. Ananthanarayanan, appearing for the accused/complainants (students), submitted that since there had been a settlement reached between the accused and the victims, in both the cases, each of the appellants has filed an affidavit to the effect of seeking the permission of this court for compounding the offences between them. (Compoundable offences are those offences where, the complainant (one who has filed the case i.e., the victim), enter into a compromise and agrees to have the charges dropped against the accused).

The judge said by following the course of action adopted by the Supreme Court in various cases, and by taking into account the circumstances of the case, this court was inclined to convert the offence, under which the appellants/accused were punished in both cases, into the offence under section 325 IPC. Since the offence punishable under section 325 IPC was a compoundable offence, in order to give a quietus to the litigation to reach a pragmatic solution and also by taking into account that most of the appellants were qualified lawyers as of now, since they were already enrolled as advocates, however, their practice had been suspended because of the conviction they faced, the appellants were permitted to compound the said converted offence punishable under section 325 IPC.

“In the result, the converted offence as set out above punishable under section 325 IPC, against all the appellants in both cases, are hereby compounded in order to give quietus to the issue”, the judge added and set aside the orders of te trial court.