Bidar school sedition case: Take action against errant cops, formulate norms, says HC

Bengaluru: The Karnataka High Court (HC) on Friday directed the state home department to initiate disciplinary action against errant police officers linked with case involving a school in Bidar and also asked that guidelines be formulated to avoid a repeat of such incidents

Bengaluru: The Karnataka High Court (HC) on Friday directed the state home department to initiate disciplinary action against errant police officers linked with case involving a school in Bidar and also asked that guidelines be formulated to avoid a repeat of such incidents.

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The observations came after DL Nagesh, Bidar’s superintendent of police in his affidavit said that he has written to the Director General and Inspector General of Police to initiate action against officers who are alleged to have violated the Juvenile Justice Act.

In the affidavit, Nagesh said that on examining the photographs of the said interrogation, he prima facie found that the Investigation Officer (IO) “ought to have ensured the strict compliance” of the Juvenile Justice (Care and Protection of Children) Model Rules 2016.

“I further state that the investigation officer was in mufti (not in uniform). However, the photographs show that his subordinates who are seen in the photographs were in uniform. I state that when I orally enquired, it was informed that they did not interact with any of the children and they have entered the hall only for the purpose of assisting the Investigation Officer,” Nagesh said in his affidavit.

A division bench headed by acting chief justice of Karnataka, Satish Chandra Sharma

and Justice Sachin Shankar Magadum pulled up the state home department on Friday almost three weeks after the HC specifically asked the government to formulate guidelines that would serve as a law for police to follow in cases involving minors.

On August 16, the court asked the concerned officials to submit an affidavit on what action they will take against the officers.

Pictures of uniformed police officers allegedly carrying weapons interrogating students of classes 4, 5, and 6 at the school had gone viral on social media in January last year. The students were interrogated after Akhil Bharatiya Vidyarthi Parishad activist Neelesh Rakshyal in January 2020 filed a case against the school authorities over the play.

Rakshyal objected to the reciting of “Hum Kaghaz Nahin Dikhayenge (we will not show our documents)”, a popular poem against the contentious Citizenship (Amendment) Act. He complained against the school after a parent streamed the play on a social media platform. Rakshyal accused the school of anti-national activities, spreading “negative opinion” about the law among the students, spreading “communal tension”, and “inciting the public” to oppose the legislation.

The police slapped sedition charges on the school authorities and arrested a parent and teacher besides interrogating the students.

“They (Karnataka home department) have submitted an affidavit saying that they will take disciplinary action. (The) court said that just stating to take action will not be enough and you (government) have to show that you have started the process and comply with the earlier order,” said one advocate for the petitioners, requesting not to be named.

The petitioners moved court on February 7 last year.

In their petition, the petitioners said: “In blatant violation of Rule of Law and various provisions of the Criminal Procedure Code, 1973, and Juvenile Justice Act, 2015, and Rules, 2016, Responded no. 3 and 4 have interrogated the students aged merely from 9 years to 12 years of the school in Bidar, creating mental trauma and fear in the children’s state of mind.”

Nagesh DL said he sent a report on August 30 to the state police chief recommending departmental inquiry in the matter.

Bhagwanth Khuba, the ruling Bharatiya Janata Party Member of Parliament from Bidar who has since become a Union minister, in January 2020 sought action against the school authorities while accusing them of using students to spread false information about Modi. He even suggested the blacklisting of the school.