Ghaziabad: A special CBI court has issued a
non-bailable warrant against one accused and served summons to two others in the death case of
Amity University student Justin John Xavier, who mysteriously died in the swimming pool on the varsity campus on September 3, 2009.
Justin, an original resident of Kerala, was a first-year BTech student pursuing the dual aerospace and avionics five-year course at Noida campus.
His father, John Xavier, works for a private firm in Saudi Arabia. The family alleged that some senior students had ragged Justin.
His death was mysterious since he was a good swimmer, they said.
Special judicial magistrate (CBI cases) Chetna Singh on Monday served a non-bailable warrant on Jatin Kulkarni and issued summons to Sayan Roy and Shashank Hari Vyas.
Jubair Ahmad Khan, counsel for Justin's family, said that the student was at least six feet tall and he was found dead in a shallow water of four feet.
The Noida police had got a postmortem conducted on Justin's body a day after his death. "The report concluded he had died from asphyxia and no FIR was registered. The student's family members took the body to their native place and performed the last rites. However, a few days later, they suspected foul play and registered an FIR in local police station. Following this, the body was exhumed and another post-mortem was conducted," he said.
The family also approached Kerala high court seeking a fair investigation into the matter. The Kerala high court on September 17, 2010 transferred the case to CBI.
Khan said the CBI officials did not investigate the matter properly and filed their closure reports twice, in 2014 and 2016, stating that the student died of drowning and they did not find evidences against the accused.
The CBI court, however, rejected the closure reports in December 2017, and issued directions against the accused to face trial for murder, criminal conspiracy and causing disappearance of evidence under Sections 302, 120B and 201 of IPC. The next hearing in this case is scheduled on February 2.
