HIGH COURT QUASHES SEDITION FIR AGAINST SCHOOL: SCHOOL HAVE USED THE MINOR CHILDREN FOR PLAY CRITICIZING CAA, NRC AND ABUSIVE LANGUAGE AGAINST PM MODI.
In a significant ruling, the High Court of Karnataka, Kalaburagi Bench, has quashed the sedition FIR registered against four school officials for enacting a play that criticized government measures and made derogatory remarks against the Prime Minister. The court held that the play did not incite violence or create public disorder, emphasizing that citizens have the right to criticize government actions within reasonable limits.
The bench, presided over by the Hon’ble Mr. Justice Hemant Chandangoudar, highlighted the importance of free speech and constructive criticism of government policies. Quoting from the judgement, the court stated, “A citizen has a right to criticize or comment upon the measures undertaken by the government and its functionaries, so long as he does not incite people to resort to violence against the government established by law or with the intention of creating public disorder.”
The allegations against the petitioners, who were identified as Allauddin, Abdul Khaleq, Mohd. Bilal Inamdar, and Mohd. Mehatab, revolved around their involvement in the enactment of a play within the premises of Shaheen School in Bidar. The play allegedly portrayed potential consequences for Muslims if certain government enactments were implemented, while also featuring abusive language directed at the Prime Minister.
The court emphasized that the play was not intended to incite violence or promote enmity between different religious groups. It further underscored the responsibility of educational institutions to focus on imparting knowledge and nurturing young minds, rather than indulging in political criticism or insulting constitutional functionaries.
Quoting the judgement, the court stated, “The school is supposed to impart education and encourage learning among 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 channelize the river of knowledge towards children for their welfare and betterment of society and not indulge in teaching the children to criticize the policies of the government.”
The court ruled that the registration of the FIR for offenses under Sections 504, 505(2), 124A, 153A, and 34 of the Indian Penal Code (IPC) was without substance, and the continuation of the investigation would be an abuse of the legal process. The judgement referred to previous cases, including Kedar Nath Singh v. State of Bihar and Vinod Dua v. Union of India, to establish the parameters of free speech and the offense of sedition.
Date of Decision:14th June 2023
ALLAUDDIN,S vs THE STATE O FKARNATAKA,
