Abusive words against PM derogatory, not seditious: HC
Bengaluru (PTI): The Karnataka High Court has said abusive words used against the Prime Minister was derogatory and irresponsible but it does not constitute sedition, while quashing a case of sedition against a school management.
Justice Hemant Chandangoudar, at the Kalburgi bench of the High Court, quashed the FIR filed by the New Town Police Station, Bidar, against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab, all management persons of Shaheen School in Bidar.
The court said the ingredients of Section 153(A) (causing disharmony between religious groups) of the Indian Penal Code (IPC) are not found in the case.
"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, certain section of the people may have objection," Justice Chandangoudar said in his judgement.
Though it was alleged 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 HC noted that "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 HC said the play came to public knowledge when one of the 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."
The sedition FIR was filed against the school authorities following the performance of a play 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.
The four persons were charged under Sections 504 (insulting someone intentionally), 505(2), 124A (sedition), 153A read with Section 34 of the IPC following a complaint by one Nilesh Rakshala, an Akhila Bharatiya Vidyarthi Parishad (ABVP) activist.
The HC had initially dictated the operative portion of the order, and the full judgement was uploaded recently.
The HC, in its judgement, also had advice for schools to keep children away from criticising governments.
"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.
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Karnataka bypolls: Over 60 per cent voter turnout in Bagalkot, Davanagere South till 5 pm
Bengaluru (PTI): Over 60 per cent voter turnout was recorded till 5 pm in both Assembly constituencies in Karnataka, where bypolls were held on Thursday.
While the turnout in Bagalkot was 65.68 per cent, it was 63.04 per cent in Davanagere South.
While the ruling Congress faces the challenge of retaining both seats, the BJP aims to wrest them and deliver a setback to its rival, which is currently witnessing an "internal power struggle" over leadership.
The bypolls were necessitated due to the demise of senior Congress MLAs H Y Meti (Bagalkot) and Shamanur Shivashankarappa (Davanagere South).
A total of over 2.59 lakh eligible voters are expected to cast their votes at around 319 polling stations in Bagalkot, where nine candidates are in the fray.
In Davanagere South, over 2.31 lakh eligible voters are expected to vote across 284 polling stations, with 25 candidates contesting.
The BJP has fielded former MLA and 2023 defeated candidate Veerabhadrayya Charantimath from Bagalkot, and a fresh face, Srinivas T Dasakariyappa, from Davanagere South.
The Congress has given tickets to family members of the late legislators in both constituencies. Bagalkot candidate Umesh Meti is the son of H Y Meti, while Samarth Mallikarjun from Davanagere South is the grandson of Shamanur Shivashankarappa.
