K'taka HC says police interrogation of Shaheen School students in anti-CAA drama violated JJ Act
Court has asked State govt to file reply on action taken against police officers involved
Bengaluru: The Karnataka High Court on Monday observed that the policemen interrogating children with regard to the sedition case on the staging of an anti-CAA drama at Shaheen Education Society in Bidar last year, was a serious violation of the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015 as the policemen were wearing uniforms and were carrying their weapons during the interrogation.
The Court also directed the state government to file a report on action taken against the police officers involved in the act while also issuing directions to the police across the state so that no such case is repeated in the future.
The observation was made by a division bench comprising of Chief Justice Abhay Oka and Justice NS Sanjay Gowda. The observation was made after the Deputy Superintendent of Police, Basaveshwar accepted the correctness of the photographs in which the cops were interrogating the children while dressed in their uniforms and while carrying their weapons.
“The second photograph of April 1, 2020, shows that these school children (2 boys, 1 girl) are being interrogated by five police officers out of which four are in full uniform and at least two of them are carrying firearms. In the affidavit, Shri Basaveshwar has accepted the correctness of the photographs annexed to the IA. By not denying the photographs annexed to rejoinder, it is apparent that he has accepted the correctness of the photographs,” the court observed.
“The police officer interacting with children shall be as far as possible in plain clothes and not in uniform and for dealing with a girl child, woman police personnel shall be engaged," Section 86 on the constitution of a Special Juvenile Police Unit for Children in its Sub-Rule 5 states
The bench added, "Prima facie this is a serious case of violation of Rights of the Children and provisions of 86 (5) of JJ Act 2016."
“We direct the state government to respond by filing an affidavit of a very senior officer stating on record what action has been initiated against the police officers who interrogated school children while wearing uniform and carrying firearms. Apart from placing the action taken report the state government may consider issuing directions to the police throughout the state which will ensure that such violation of rights of children does not take place again," the order observation added.
“"If we condone this action, this will be repeated. We cannot condone such action at all. Why children are subjected to all this? This has to be corrected, this can't go on like this” the bench orally observed.
Students of the Shaheen Education Society belonging to classes 4, 5, and 6 had staged a play on the CAA and NRC, last year. Following that, an FIR was registered at the Bidar New Town police station, for sedition against the school authorities for performing "anti-national activities" and "spreading negative opinion" about Parliamentary laws, based on a complaint by activist Nilesh Rakshala. Pursuant to the FIR, the Headmistress of the school, as well as a parent of a child, were arrested. They were later released on bail.
The court has now directed the Director-General Inspector General of Police to nominate a senior officer to file an affidavit in two weeks’ time. The officer, Court has directed, should be higher in rank than Shri Basaveshwar, the Deputy Superintendent. The matter will now be heard on September 3.
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Delhi: Father, son held for killing 19-year-old woman in suspected honour killing
New Delhi (PTI): The Delhi Police has arrested a man and his son for allegedly murdering his 19-year-old daughter in west Delhi's Hari Nagar area, an official said on Friday.
The case first came to light on April 1 after a PCR call was received around 2 pm, alleging that a woman had been killed by her family members and her body was being taken for last rites, he said.
The accused, identified as Mohammad Maneer (55), a vegetable vendor, and his son Meraj Ali (19), were arrested in connection with the case, the officer said.
The victim had been in a relationship with a man from her native place for the past two years, which was opposed by her father, Maneer and brother Meraj, he said.
"When the girl did not end the relationship despite objections, the family killed her," the officer said.
On April 1, the police said that when their team reached the spot, they found that the woman's body was being taken for burial.
Acting on the input, the burial process was stopped over suspicion of honour killing.
"Police intercepted the family members and took possession of the body," he said.
Police said that the man who had made the PCR told them that the woman was in love with his cousin.
During the inquiry, police also interacted with the PCR caller, who said his cousin, a friend of the deceased, had informed him about the situation and suspected foul play, prompting him to alert the police control room.
The body of the woman was subsequently shifted to the mortuary of Deen Dayal Upadhyay Hospital for preservation and postmortem.
Police said that both the crime team and the forensic science laboratory (FSL) team were called to inspect the scene and collect evidence.
Police said that, as per the postmortem report, the cause of death was identified as smothering, indicating that the woman was suffocated.
A preliminary inquiry also revealed that the family had initiated preparations for the last rites soon after the woman's death, raising suspicion about the circumstances.
Initial investigation pointed to the family's opposition to the woman's relationship.
"The family members of the woman saw her with the man, and she was taken back home. We got to know that she was beaten up and even locked inside the house for some days," a source said.
Further investigation into the matter is underway, police added.
