HC denies relief to MBBS student accused in GMERS ragging death case

"When the charges alleged against the petitioner - accused in consonance with the statement of the witnesses and other material is examined, it appears that the offence of serious nature is alleged against the petitioner - accused where the revisional jurisdiction having limited scope seeking discharge from the alleged charges cannot be exercised," stated the bench in its order. 

Also read- Forced to stand, dance for 3 hours! GMERS MBBS student dies after ragging, 15 seniors booked

The directive was passed after the accused medical student had moved the High Court challenging a Patan sessions court order dated Sep 2, which had rejected the discharge pleas filed by him and another student in connection with the case.

The applicant is among the 15 medical students charged with culpable homicide not amounting to murder, unlawful assembly, illegal detention, and reciting or uttering obscene songs and words following the student's death. 

Medical Dialogues in November 2024 reported that an 18-year-old first-year MBBS student of GMERS Medical College and Hospital died after allegedly being made to stand for three hours during ragging by his seniors at the college hostel. Altogether 15 seniors were suspended and booked in a criminal case.

According to a statement of a first-year student, some junior students including the deceased student were forced to stand for around three hours and introduce themselves individually. They were also allegedly forced to sing and dance, utter abusive words and not leave the room. The incident took place after the accused students called 11 first-year students, including the deceased and his classmates, to a hostel room for an "introduction". They made the juniors stand for nearly three-and-a-half hours while forcing them to sing and dance, utter abusive words and not leave the room. This allegedly caused serious mental and physical trauma to the students. Following this, the victim student's health deteriorated. He fainted and fell unconscious at around midnight. He was rushed to a hospital where doctors declared him brought dead.

The counsel appearing on behalf of the accused student argued in court that the student was not present during the incident, referring to CCTV footage as proof. The lawyer also said that the accusations against him were unclear and general, and claimed that the student had died of cardiorespiratory arrest caused by an epileptic seizure, which had nothing to do with the alleged ragging.

However, the prosecution disagreed, saying that the investigation showed all the 15 accused students, including the applicant, were involved and that he took part in gathering the juniors for the ragging session.

After hearing both sides, Justice R T Vachhani stated in the order, as reported by TOI, "The possibility of cause of death as stated in the PM report viz., epileptic seizures cannot be ruled out as resultant provocation by external factors such as stress."

Subsequently, the court dismissed the plea and refused to grant any relief to the student.

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