The Madhya Pradesh High Court allowed bail applications of principal and teachers of Ganga Jamuna Higher Secondary who had filed the plea under Section 439 of CrPC for regular bail in a case registered for offenses under various sections including IPC, Juvenile Justice Act, and MP Freedom of Religion Act. Applicants were detained since June 11, 2023.

A complaint was received about non-Muslim students at a school being compelled to wear salwar kurti, head scarf (Hijab) and dupatta (scarf). Urdu was being taught as compulsory subject and prayers belonging to muslim faith were being recited and taught in school. It was alleged that students belonging to Hindu and Jain religion were not allowed to put tilak on the forehead and tie sacred thread (kalawa) on their wrist and if someone wears the sacred thread (kalawa) or put tilak, he was being forcibly prevented, by the teachers. Case was registered against school staff and management.

A Bench of Justice Dinesh Kumar Paliwal set several specific bail conditions:

  • Applicants shall not repeat commission of offence in which they are being released on bail.
  • They shall not prevent students of other religion from wearing the essentials of their own religion as such wearing a sacred thread (kalawa) and putting tilak on the forehead.
  • They shall not compel the students of other religion to read/study any material or language which has not been prescribed or approved by the Madhya Pradesh Education Board.
  • They shall not provide any religious education or material belonging to Islam faith to the students of other religion and shall impart only modern education as contained in Section 53(1)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • Girl students of other religion i.e. Hindu and Jain etc. shall not be compelled to wear head scarf (Hijaab) anywhere in the school premises or in the class rooms.

Senior Advocate Manish Datt appeared for the Applicants and Advocate Pradeep Gupta appeared for the Respondent.

Applicants had claimed innocence, stating that school management enforced dress code and practices, not them. They provided school management's resolution as evidence. State's counsel opposed bail, asserting that minority institutions can't enforce religious practices on students of other religions, citing statements from students.

The Court noted that the charge sheet was filed against applicants (principal, teachers, peon), main allegations were against school management. The Court granted bail, listing abovementioned conditions.

Applicants were directed to be released on bail.

Cause Title: Asfa Sheikh & Ors. v. The State of Madhya Pradesh

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Madhya Pradesh High CourtJustice Dinesh Kumar Paliwal

Suchita Shukla