Nido Tania case: HC issues notice to CBI, 4 accused

NEW DELHI: The Delhi High Court today sought response of the CBI on a plea filed by father of Northeast student Nido Tania, who died last year after he was allegedly beaten up by some persons at Lajpat Nagar here.

Justice Manmohan Singh issued notice to four adult accused Farman, Pawan, Sunder Singh and Sunny Uppal, seeking their reply on Tania's father Nido Pavitra's plea against the trial court's decision to drop charges under the SC/ST Act against the culprits.

"Notice issued to CBI. Notice also be served to the remaining respondents (four accused)," the court said, adding that the reply should be filed within two weeks.

Meanwhile, the court directed Tihar Jail Superintendent to serve court notice to Farman, who is presently in judicial custody. The remaining three accused are out on bail.

The court has now listed the matter for further hearing on April 22.

Presently the accused are facing trial in the matter before a sessions judge.

The plea filed by Pavitra, Congress MLA from Arunachal Pradesh, has sought quashing of the September 25, 2014, order of the sessions court which had held that no charge could be framed against the accused under the relevant provisions of the Scheduled Castes and Scheduled Tribes (SC/ST) (Prevention of Atrocities) Act, 1989.

The plea, filed through advocate Prashant Mendiratta, had said that trial court had adopted wrong interpretation of the law and refused to frame charges against the accused under the provisions of SC/ST Act "despite the fact that the entire assault, which resulted in the untimely demise of a young man, was unequivocally and clearly motivated by the accused perceiving him as belonging to Scheduled Tribe".

19-year-old Tania, a BA first year student in a private university here, had an altercation with some shopkeepers at Lajpat Nagar market here on January 29, 2014, after they made fun of his hair style.

Following the altercation, the shopkeepers had allegedly thrashed him. He was brought dead to AIIMS the next day.

The death of Tania had evoked outrage among the people of the northeast living in the national capital who alleged that police had failed to protect him.

Initially, the police had booked the four adult accused under section 302 (murder) of IPC after the postmortem report showed Tania died due to injuries on his head and face caused by a blunt object. The agency had also invoked charges under the SC/ST Act.

However, during filing of the charge sheet, CBI had dropped the murder charges against the accused, saying Tania's killing was not premeditated but a result of an altercation over breaking of a glass counter of a shop in the market.

Three minors, who had also allegedly assaulted Tania, are facing an inquiry before the Juvenile Justice Board here.