In a significant development, the Karnataka High Court Kalaburagi Bench has dismissed sedition and other charges levelled against the management of Shaheen School in Bidar. The charges were filed by a right-wing leader, Neelesh Rakshyala, following a satirical play critical of Prime Minister Narendra Modi and the Central government.
Justice Hemant Chandangoudar, presiding over the case, quashed the charges after hearing Senior Counsel Amit Kumar Deshpande, who represented the Shaheen School management. The court’s decision marks a victory for the school, which has been embroiled in a legal battle since January 2020.
The controversy erupted when Shaheen School, a private educational institution in Karnataka’s Bidar district, staged a play critical of the anti-Citizenship Amendment Act (CAA) performed by fourth-grade students. The play lead to the filing of an FIR by Neelesh Rakshyala, a member of the far-right Akhil Bharatiya Vidyarthi Parishad (ABVP).
Nazbunnisa, the mother of Ayesha, a 9-year-old female student, and Fareeda Begum, the head-teacher of Shaheen School in Bidar, was arrested on January 30.
The Bidar police registered a case under sections Sections 504 (intentional insult with intent to provoke breach of peace), 505(2) (statements creating or promoting enmity, hatred or ill-will between classes), 124A (sedition), 153A (promoting, attempting to promote disharmony) and 34 (common intent) of the IPC based on the complaint.
However, the Shaheen Group of institutions vehemently contested the allegations, asserting that the police were unjustly labelling the children as “anti-nationals” and conducting frequent visits to the school.
Students as young as nine years old were repeatedly interrogated by the police for participating in the play. The interrogation of minor children only stopped after the Karnataka State Commission for Protection of Child Rights slammed the Bidar district police for violating rules and for creating an “atmosphere of fear” at the school.
In August 2021, the Bangalore Bench of the Karnataka High Court criticized the presence of armed police officers during the questioning of children in connection with the case. The court stated that the Juvenile Justice Act of 2015 and children’s rights had been violated, leading to a directive for the state government to formulate guidelines that would ensure the protection of children during police interrogations.
The petition filed by Nayana Jyothi Jhawar, the current MLA of Mudigere constituency, played a crucial role in highlighting the violation of children’s rights. The petition emphasized that 85 students, some as young as nine years old, endured distressing police questioning, resulting in adverse psychological effects.
The Karnataka High Court’s decision to quash the sedition charges against Shaheen School’s management provides respite to the institution and vindicates their stance. It also serves as a reminder of the importance of safeguarding children’s rights during legal proceedings and the need for guidelines to protect them from unnecessary trauma and distress.
