Orissa High Court Stays NHRC's Proceedings Against KIIT University In Nepali Student's Death Case

In a temporary relief to the Kalinga Institute of Industrial Technology (KIIT), the Orissa High Court has granted an interim stay on the proceedings and actions initiated by the National Human Rights Commission (NHRC) following the alleged suicidal death of a female under-graduate student from Nepal in February.

While passing the said order, Dr. Justice Sanjeeb Kumar Panigrahi observed –

“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 Case No.134/18/28/2025-WC, presently pending before the learned National Human Rights Commission (Opposite Party No.1), shall remain stayed until the next date of listing of this matter. It is further directed that the operation and effect of the impugned order dated 27.03.2025, passed in the aforesaid case, shall also remain stayed until the matter is next taken up by this Court," the court added. 

Case Background

On 12.03.2024, the deceased student lodged a complaint with the International Relations Officer (IRO) of the petitioners-University. The matter was then referred to the Disciplinary Committee, which directed the accused (male friend of the deceased) to delete all the objectionable/private photographs in question.

Subsequently, the issue was amicably resolved by the authorities concerned, with the accused giving assurance that all private images would be deleted and that no further grievance would arise. The deceased accepted this resolution.

Keeping in view personal and sensitive nature of the issue, and considering that the deceased expressed her unwillingness to pursue the matter further, the IRO refrained from referring the complaint either to the Internal Complaints Committee of the University or to the jurisdictional police station.

Subsequently, on 25.01.2025, an altercation took place in the premises of the University between the deceased and the accused. Both of them were promptly taken to the IRO for counselling and to find out a possible amicable solution of their dispute.

Pursuant to the counselling, both parties voluntarily submitted written undertakings affirming that they would refrain from establishing any form of contact with each other henceforth. However, despite the undertakings, further discord allegedly ensued between the accused and the deceased student. During one such subsequent incident, the victim's brother also got involved.

On 29.01.2025, the brother of the deceased girl voluntarily submitted an undertaking wherein he affirmed that he would neither engage with the accused nor would issue any threats to him. On the very same day, the deceased victim allegedly appeared before the IRO and furnished a verbal assurance to the authorities that she would not raise any further grievance against the accused.

However, a tragic incident took place on 16.02.2025, when the deceased victim was found hanging from the ceiling of her hostel room. In connection with this unfortunate incident, an FIR was promptly registered at the jurisdictional police station. Following the registration of the FIR and upon conclusion of the preliminary inquiry, the accused was arrested on 17.02.2025 and he is in custody since that day.

Notably, the incident had severe international ramifications and the Prime Minister of Nepal KP Sharma Oli had to intervene when certain protesting students belonging to Nepal were allegedly forcefully ousted from the University campus. Later on, the University apologized for the harsh step and called back the concerned students.

Cognizance by NHRC

The NHRC took cognizance of the matter on 03.03.2025 and directed the Registrar (Law) to initiate an inquiry. Pursuant to the direction, a fact-finding Committee was constituted, comprising the Registrar (Law), NHRC; two Officers from the Investigation Division not below the rank of Senior Superintendent of Police; and one Officer or official from the Law Division.

The Committee visited the University campus between 06.03.2025 and 08.03.2025, and undertook its inquiry, culminating in the submission of its report before the NHRC. Thereafter, on 27.03.2025, the NHRC passed the impugned ex-parte order, against the petitioners-University, basing upon the report of the Committee.

Challenge against proceedings of NHRC

CS Vaidyanathan, Senior Advocate appearing for KIIT University submitted that though the officials of the NHRC undertook an inquiry and prepared a report, neither the said report nor its findings were made available to the University prior to the issuance of the impugned order dated 27.03.2025.

The Senior Counsel argued that such omission amounts a palpable breach of the principles of natural justice and violates the statutory safeguards enshrined under Section 16 of the Protection of Human Rights Act, 1993 which provides that if, at any stage of the inquiry, the Commission is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence.

He further informed the Court that pursuant to the cognizance order of the NHRC, the Supreme Court in the case of Amit Kumar v. Union of India, 2025 LiveLaw (SC) 341 has also taken note of the said event along with certain other similar incidents (student suicides) in the colleges across India. It has also formed a National Task Force under the Chairmanship of Justice S. Ravindra Bhat, former Judge, Supreme Court to examine the issue.

Therefore, Mr. Vaidyanathan contended that when the National Task Force constituted by the Supreme Court under Article 142 of the Constitution is ceased of the matter, in light of the provision under Section 36(1) of the Protection of Human Rights Act, 1993, the NHRC ought to have shown some restraint before passing the impugned order.

The Court prima facie observed that adherence to the principles of natural justice is not a cosmetic need and thus, absence of notice or the denial of an opportunity to be heard renders such exercise susceptible to challenge and impairs the fairness of the process.

Accordingly, the Court issued notice to the NHRC and other opposite parties, including the State of Odisha. As an interim measure, it directed that all further proceedings currently pending before the NHRC shall remain stayed until the next date of hearing. It also stayed the effect of the NHRC's order of March 27 till the next date, i.e. April 29.

Case Title: Kalinga Institute of Industrial Technology, Bhubaneswar & Anr. v. National Human Rights Commission, New Delhi & Ors.

Case No: W.P.(C) No. 9556 of 2025

Counsel for the Petitioners: Mr. C.S. Vaidyanathan, Sr. Adv. along with associates; Mr. Prafulla Kumar Rath, Sr. Adv. along with associates; Mr. Shibashish Misra, Advocate

Counsel for the Respondents: Mr. Prabhu Prasanna Behera, Addl. Standing Counsel for the State

Click Here To Read/Download Order