Two senior Haryana police officers have approached the Punjab and Haryana High Court seeking the quashing of criminal proceedings against them in connection with the sensational 2017 murder of a seven-year-old student inside a Gurugram school. They argue that the trial court acted illegally by taking cognisance of the case without mandatory government sanction under Section 197 of the Criminal Procedure Code (CrPC).
Justice Manjari Nehru Kaul has issued notice of motion to the Central Bureau of Investigation (CBI), the State of Haryana, and other parties. The matter is now scheduled for hearing on July 28.
Represented by senior advocates Bipan Ghai and Vinod Ghai, along with Nikhil Ghai, Arnav Ghai, Akhil Godara, and R.S. Bagga, the petitioners have challenged the June 13, 2024 order of the CBI Special Judicial Magistrate, Panchkula. They contend that the magistrate’s order amounted to a judicial review of an earlier decision from January 15, 2021, in which the court had explicitly refused to take cognisance due to the absence of requisite sanction under Section 197 CrPC.
“No fresh sanction was obtained in the interim. Yet, the court took cognisance solely on the basis of an application filed by the complainant,” the petitioners argued. They labelled this move an “impermissible review” and “unsustainable in law.”
The plea further maintains that the allegations against the officers pertain to actions taken during the discharge of official duties, thereby entitling them to statutory protection under Section 197, which bars prosecution of public servants without prior sanction from the government.
Among the petitioners is a senior Assistant Commissioner of Police.
The criminal case arises from the gruesome murder of a Class II student in 2017, whose throat was slit inside the school washroom. Haryana Police initially arrested Ashok Kumar, a school bus conductor, alleging his involvement. However, following nationwide public outrage and widespread media coverage, the investigation was transferred to the CBI.
The CBI’s probe took a dramatic turn when it exonerated Kumar and instead arrested a fellow student, identified as “Bholu” (name withheld due to juvenile protection laws), accusing him of committing the crime. The central agency also claimed that Kumar had been falsely implicated by the Haryana Police’s Special Investigation Team (SIT), which allegedly fabricated evidence and coerced witnesses.
The High Court will now decide whether the proceedings against the officers can continue without the prerequisite government approval. The case continues to draw public attention due to its impact on child safety, policing standards, and judicial safeguards for public servants.
