Schools Should Not Teach Children To Criticize Policies Of Govt Or Insult Constitutional Functionaries: Karnataka High Court
The Karnataka High Court while quashing an FIR against the management of a minority-aided school that made children participate in play against the CAA and NRC insulting the Prime Minister, said that constructive criticism is allowed but the Prime Minister cannot be insulted just because of an objection to some policy.
The Bench headed by Justice Hemant Chandangoudar of Kalaburagi Bench of the Karnataka High Court held that “The constructive criticism of the government policy is permissible, but the constitutional functionaries cannot be insulted for having taken a policy decision, for which, certain section of the people may have objection.”
Further, while talking about the charges in the FIR, the Court held “In the instant case, there is no allegation that the accused herein either promoted enmity or hatred towards another religious community. the continuation of the investigation will be an abuse of process of law.”
Senior Advocate Ameet Kumar Deshpande appeared for the Petitioners while HCGP Gururaj V. Hasilkar appeared for the Respondents.
"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, and also insult the constitutional functionaries for having taken particular policy decision which is not within the framework of imparting education", the Court held.
In this case, Petitioner No. 1 Allauddin was the head of Shaheen Education Society, Bidar. Petitioner No.1 along with other Petitioners who were part of the management committee of the school conducted a play that criticized Prime Minister Narendra Modi along with various policies of the Government such as CAA, NRC.
Respondent No.2, a social worker lodged the FIR stating that the school used the minor children of the school to utter words that create the feelings against the nation. Following this, the police registered an FIR for the offences punishable under Sections 504, 505(2), 124A, 153A R/w Section 34 of IPC. The Petitioners appeared before the High Court seeking to quash the FIR.
The Court while examining the ingredients of Section 124A, IPC, held that “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 Court said that to constitute an offence punishable under Section 153A of IPC, there must be an intention to promote enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial for maintenance of harmony.
For the offense of Section 153, IPC, the Court noted “In the instant case, there is no allegation that the accused herein either promoted enmity or hatred towards another religious community. In the absence of essential ingredients so as to constitute an offence punishable under Section 153A of IPC, the registration of FIR is arbitrary.”
Accordingly, the Court allowed the Petition and quashed the FIR.
Cause Title: Allauddin and Ors. V. State of Karnataka and Ors.
