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Breathalyzer tests, contraband search, 24x7 police camp: Orissa High Court directions for NLU Odisha

Institutions of higher learning must remain spaces of safety, dignity and intellectual freedom, the Court said.

Bar & Bench

The Orissa High Court has issued a slew of directions to ensure safety, discipline and a congenial academic atmosphere around the campus of National Law University, Odisha (NLU Odisha) [Roshan Kumar Pradhan & Ors v. State of Odisha & Anr].

Justice Dr Sanjeeb K Panigrahi expressed concern over recurring and disturbing incidents reported in and around the NLU Odisha campus at Cuttack.

Such occurrences - particularly involving allegations of intimidation, misconduct or unlawful interference with students - cast an unwarranted shadow over an institution of national importance, the Court said.

“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom. Any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardizes students’ welfare but also undermines the institutional ethos. It is expected that the concerned authorities, including the University administration and the local law enforcement agencies, shall remain vigilant and take appropriate preventive and remedial measures to ensure that such incidents do not recur, and that the campus atmosphere remains secure and conducive to academic pursuits,” it added.

Justice Sanjeeb Kumar Panigrahi

Some major directions issued by the Court are:

a) NLU Odisha authorities have been asked to augment campus security arrangements by deployment of adequate security personnel at entry and exit gates and installation of CCTV cameras at strategic locations.

b) University administration is to maintain regular liaison with the jurisdictional police to ensure prompt response in case of any untoward incident and to conduct periodic patrolling in and around the campus, particularly during late evening hours.

c) Commissioner of Police/DCP concerned has been directed to take necessary steps for establishment of a police outpost at Naraj, manned by an officer not below the rank of Sub Inspector along with adequate supporting staff to ensure effective monitoring of the area around the campus. 

d) A Police Beat House has been ordered to be established within the campus of National Law University Odisha with provision for 24x7 deployment of police personnel. 

The Court further said that the jurisdictional police shall take stringent and continuous action to prevent supply and circulation of alcohol, narcotic drugs, psychotropic substances and other intoxicants to students.

It further said that no anti-social elements shall be allowed to congregate in and around the University campus. 

NLU Odisha has been permitted to regulate student movement during late hours in accordance with its hostel and campus regulations and initiate action against students found in possession of any prohibited substances.

The University shall strengthen entry-point security by conducting appropriate checks of bags and vehicles entering the campus to prevent entry of contraband materials, the Court ordered.

Periodic inspection of hostel premises may be carried out by the University authorities in accordance with established rules to ensure that students do not keep or consume prohibited substances within the campus, the order adds.

“The University authorities may conduct breathalyzer tests, where there is reasonable suspicion of intoxication, in accordance with law and with due regard to privacy and dignity of students, so as to discourage consumption of alcohol within the campus.” the Court said in one of the directions. 

The Court passed the directions while dealing with a plea seeking quashing of a case lodged on the complaint of a fourth year law student, who alleged that an attempt was made to abduct him and his friend in 2023 while they were returning to campus.

Considering that a compromise was reached between the complainant and accused, the Court quashed the FIR.

“The dispute in question having been amicably settled between the parties, and the de facto complainant having unequivocally expressed his unwillingness to prosecute the matter any further, the likelihood of securing a conviction is rendered remote and bleak. In such circumstances, the continuation of the criminal proceeding would not subserve the ends of justice but would instead amount to an abuse of the process of Court,” the Bench said.

Advocate Soubhagya Swain appeared for the petitioner.

Advocates Sonak Mishra and Sarita Moharana represented the State.

[Read Order]

Roshan Kumar Pradhan & Ors v State of Odisha & Anr.pdf
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