The Karnataka High Court has said utterance of abusive words against the Prime Minister is derogatory and irresponsible but it does not constitute sedition. The Kalburgi bench of the High Court made the observation while quashing a case of sedition against the school management.
A single bench of Justice Hemant Chandangoudar also quashed the FIR filed against the authorities of Shaheen School in Bidar. Sedition charges were slapped against the Shaheen School management after a play was staged against the Citizenship Amendment Act (CAA) and the National Register of Citizenship (NRC) by students of Classes 4, 5, and 6 on January 21, 2020.
‘Abusive word against PM not only derogatory but is irresponsible’
The High Court said that constructive criticism of the government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision.
"The utterance of the abusive words that the Prime Minister should be hit with footwear is not only derogatory but is irresponsible. The constructive criticism of the government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision, for which, a certain section of the people may have an objection," Justice Chandangoudar said in his judgement.
‘Muslims may have to leave ‘country’
The ingredients of Section 153(A) (causing disharmony between religious groups) of the Indian Penal Code (IPC) are not found in the case, the court said. The court further noted that the play enacted by the children criticised the various enactments of the government and "if such enactments are enforced, the Muslims may have to leave the country”.
"The play was enacted within the school premises. There are no words uttered by the children inciting people to resort to violence or to create public disorder,” the High Court said.
‘Accused uploaded the play on social media’
The court said that the play was not within the knowledge of the general public at large and was made known to the public only when the other accused uploaded the play on his social media account. "Hence, at no stretch of imagination it can be said that the petitioners herein enacted the play with an intention to incite people to resort to violence against the government or with the intention of creating public disorder," it observed.
Therefore, the court said that "the registration of the FIR for the offence under Section 124A (Sedition) and Section 505(2) in the absence of essential ingredients is impermissible."
Justice Chandanagoudar also advised schools against teaching children to criticise government policies and insulting the constitutional functionaries for a particular policy decision. "Dramatisation of the topics which are appealing and creative in developing a child's interest in academics is preferable, and hovering over current political issues imprints or corrupts young minds. They should be fed with knowledge, technology, etc, which benefits them in their upcoming curriculum of academic period.
"Therefore the schools have to channelise the river of knowledge towards children for their welfare and betterment of society and not indulge in teaching the children to criticise the policies of the government, and also insult the Constitutional functionaries for having taken particular policy decision which is not within the framework of imparting education," the judgement said.
4 persons were charged under sedition
The case was filed against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab, all management persons of Shaheen School in Bidar by the New Town Police Station. The FIR against the school management was filed on the basis of a complaint filed by one Nilesh Rakshala, an Akhila Bharatiya Vidyarthi Parishad (ABVP) activist. The four persons were charged under Sections 504 (insulting someone intentionally), 505(2), 124A (sedition), 153A read with Section 34 of the Indian Penal Code (IPC).
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