A division bench, comprising Justice N Paul Vasanthakumar and Justice M Sathyanarayanan, transferred the case to CB-CID police on a petition by the girl’s father who suspected foul play in her death on July 16, 2007.
“A perusal of the case diary would indicate that the statements of witnesses were recorded in a routine manner and as to the sustainment of injury by the deceased, which ultimately resulted in her death, no proper investigation has been done. Therefore, this court is of the considered view that fresh/de-novo investigation is necessary,” the bench ordered.
N Divya, a Plus One student at Vidya Vikas Higher Secondary School in Thiruchengode, fainted on July 16, 2007 and was declared dead at a hospital on the same day due to gangerene in abdomen.
While the local police sought to close the case saying the death was due to certain pre-existing disease, the girl’s father K Nithyanandan moved the court saying investigation had not been done properly and that the local inspector of police “favoured” the school management.
Recalling an incident wherein her daughter was scolded and ill-treated by the school authorities, including the chief warden, the petitioner pointed out that the post-mortem report clearly stated that she had died of gangrene and injury in large intestine.
It was his case that the chief warden had punched his daughter in the stomach and caused serious internal injuries.
The court in its order said no useful purpose would be served in simply directing the police to file a chargesheet in the case.
Pointing out that police had failed to probe and record the statements of the doctors about the ‘pre-existing’ disease of the girl, the judges said a fresh probe alone would answer the apprehensions of the father.
“Even as per the own admission of authorities, the girl, before her death, was staying in the hostel and therefore, they are under obligation to explain as to the illness she suffered, especially for the reason that she was under the care and custody of the school as well as the hostel authorities,” the judges said.