No reversal in bail order for Ryan trustees; SC judge recuses from hearing

Matter referred to Chief Justice Dipak Misra; appeal to be listed before an appropriate bench on December 4

A Supreme Court judge on Friday recused himself from hearing an appeal of the father of 7-year old Pradhuman, who was found dead in a Gurgaon school, seeking cancellation of anticipatory bail granted to three trustees of the Ryan International Group.

The moment hearing commenced, Justice U U Lalit, who was sitting with senior judge Justice Adarsh Kumar Goel, said he would not be part of the bench that would hear the matter.

The court then referred the matter to the Chief Justice Dipak Misra for listing of the appeal before an appropriate bench on December 4.

Earlier, the apex court had on Friday agreed to hear the appeal, seeking cancellation of anticipatory bail granted by the Punjab and Haryana High Court to three trustees of the Ryan International Group.

The plea of Barun Chandra Thakur, father of the Class-II boy, was mentioned by lawyer Sushil Tekriwal.

The high court had on November 21 granted anticipatory bail to Ryan International group CEO Ryan Pinto and his parents -- founding chairman Augustine Pinto and managing director Grace Pinto, in connection with the case of killing of Pradhuman in its Gurgaon school.

In his appeal, Thakur has claimed that the CBI probe into the case was underway and granting anticipatory bail at this stage would frustrate the criminal justice delivery system.

"The manner in which the conspiracy has been hatched to kill him and the manner in which the entire scene of crime has been destroyed, decorated and ornamented, it clearly appears that the directions may have come from some high-ups to the school authorities and the possibility of the involvement of Pinto family at this stage cannot be ruled out in any manner whatsoever and howsoever," the plea, filed through advocate Tekriwal, has said.

It also referred to an affidavit filed before the apex court by the Central Board of Secondary Education (CBSE) and alleged that the board had categorically said the school had failed to discharge its responsibility to file an FIR and inform the district education officer.

"Holding the school squarely responsible for the tragedy the CBSE has also said that the entire sequence of events, it clearly appears that the school was guilty in failing to ensure the safety and security of students," the plea claimed.

Pradhuman was found with his throat slit in the school washroom in Gurgaon on September 8. School bus conductor Ashok Kumar was arrested by Haryana Police in connection with the crime. He was recently granted bail by a lower court.

The case was transferred to the CBI and the agency had apprehended a class 11 student in connection with the killing.