CUTTACK: In a significant development, the Orissa High Court has issued a stay on the order of the National Human Rights Commission (NHRC) as well as all its proceedings on the case of alleged suicide by a Nepalese student at KIIT University on February 16.
The NHRC in its order on March 27 had held KIIT accountable for the death of the student and directed the state chief secretary to submit an action taken report within four weeks.
“The commissioner of police, Bhubaneswar-Cuttack, is directed to submit updated investigation report. Let the chairman, UGC, New Delhi, consider initiating requisite action against the KIIT University,” the order also stated.
The HC issued the stay on Monday on a petition filed by KIIT and KISS challenging the NHRC order. While issuing notice to NHRC to reply by April 26, the single judge bench of Justice SK Panigrahi said, “It must be underscored that when orders are passed by quasi-judicial authorities, adherence to the principles of natural justice is not a mere formality but a foundational requirement. The absence of notice or the denial of an opportunity to be heard renders such exercise susceptible to challenge and vitiates the fairness of the process.”
“As an interim measure, it is directed that all further proceedings in the case, presently pending before the NHRC, shall remain stayed until the next date of listing of this matter (April 29). The operation and effect of the impugned order dated March 27, 2025, passed in the aforesaid case, shall also remain stayed until the matter is next taken up by this court,” he specified.
Justice Panigrahi also directed the state government, Khurda collector, commissioner of police, and chairman UGC to refrain from taking any further steps or action pursuant to NHRC order until the next date.
The NHRC had observed that there was gross negligence and omission by the university authorities which resulted in suicide by the girl.
According to submissions recorded in the HC order, it was argued on behalf of KIIT that although officials of NHRC undertook an inquiry and subsequently prepared a report, neither the said report nor its findings were made available to the authorities of the petitioners’ institution prior to the issuance of the impugned order on March 27.
While NHRC took cognisance of the matter on March 3, the Supreme Court had in the case of Amit Kumar vs Union of India on March 24 also taken note of the incident in KIIT University along with certain other similar incidents in the colleges across India. The Supreme Court has also formed a National Task Force on the issue. Therefore, NHRC ought to have shown some restraint before passing the impugned order, it was argued on behalf of KIIT.