Orissa HC Declines For Now SIT Probe In Balasore Student Self-Immolation Case, But Calls Sexual Harassment At Reputed College 'Disturbing'
The Orissa High Court on Tuesday (July 22) rejected (for now) a plea to constitute a Special Investigation Team (SIT) to probe the unfortunate case of self-immolation by a female student, belonging to Fakir Mohan Autonomous College, Balasore, in front of the Principal's office after alleged sexual harassment by the Head of the Department (HOD).
Expressing satisfaction over the investigation carried out by the SIT already constituted by the Government, the Bench of Chief Justice Harish Tandon and Justice Manash Ranjan Pathak held –
“Since the SIT has already been constituted by the State as disclosed by the learned Advocate General and the investigation is monitored by the high ranking police officers in absence of any incriminating materials coming before the Court, we do not think that any SIT to be constituted under the judicial fiat at this stage...Constituting a SIT over the SIT constituted by the Government may not be proper at the nebulous stage of the investigation unless it is perceived by the Court from the materials produced before it that the investigation is misdirected.”
The Court was hearing a PIL filed by Advocate Shivsankar Mohanty highlighting the issue.
The deceased student had flagged the harassment, and accordingly, the Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013 had taken cognisance of the issue. However, being dissatisfied with the findings of the Committee, she took the extreme step of immolating herself by pouring petrol.
Through the PIL, the petitioner sought an independent probe into the matter led by a reputed officer in order to ensure proper and fair investigation, which is critical for rendering justice to the deceased girl.
During the hearing, Advocate General Pitambar Acharya informed the Court that the State has taken the issue seriously and has already constituted a SIT led by high-ranking police officials, including a lady officer. He vehemently submitted that the investigation is proceeding at a reasonable pace and therefore, a separate SIT may not be necessary.
He also apprised the Court that after registration of FIR, the HOD and the Principal of the College have been apprehended and also put under suspension.
After hearing such submission on behalf of the State, the Court said that since the SIT has already been constituted by the State and the investigation is being monitored by the high-ranking police officers, it would not be proper to constitute another SIT by judicial order.
The Court, however, expressed shock over the circumstances which led to the death of an innocent student while seeking justice. In the words of the Court –
“It is really disturbing that the students, who got admission in a reputed college, would be subjected to any sexual harassment and the alacrity is not shown in addressing the grievance in a proper manner. A right to life enshrined under Article 21 of the Constitution of India includes the right to live with dignity. The students are not foreign to such fundamental rights being a citizen of the country and, therefore, once a serious allegation is made, it is a duty of the Internal Complaints Committee (ICC) to evaluate such complaint in a more pragmatic way.”
Though the prayer for a separate independent SIT was not accepted, the Bench nevertheless assumed to itself the duty to monitor the progress in the investigation in a rightful manner. It asked the State to submit the progress report in sealed cover on the next date of hearing, i.e. August 12, 2025.
Case Title: Shivsankar Mohanty v. State of Odisha & Ors.
Case No: W.P.(C) No. 20187 of 2025 (PIL)
Date of Order: July 22, 2025
Counsel for the Petitioner: Mr. Shivsankar Mohanty, Advocate (In person)
Counsel for the Respondents: Mr. Pitambar Acharya, Advocate General assisted by Mrs. Suman Pattanayak, Addl. Govt. Advocate; Mr. T.K. Satapathy, Standing Counsel for the UGC