Irresponsible & derogatory to use abusive words for PM: Karnataka HC on Shaheen School case

The Kalaburagi bench of the Karnataka High Court said the utterance of abusive words that the Prime Minister should be "hit with footwear" is not only "derogatory" but also "irresponsible".

In the order passed on June 14, 2023, quashing the sedition case against Shaheen School in Bidar, Justice Hemant Chandanagoudar also advised schools against teaching children to criticise government policies and insulting the constitutional functionaries for a particular policy decision.

The school had staged a student play against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

The complainant had alleged that the play had insulted the Prime Minister.

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Justice Chandanagoudar had quashed the FIR registered against the head of the school and members of the board of management for offences punishable under IPC sections 504, 505(2), 124A and 153A.

The court said that the play was not within the knowledge of the general public at large and was made known to the public only when the other accused uploaded the play to Facebook.

"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 an intention of creating public disorder. Hence, in my considered view, the registration of the FIR for the offence under Section 124-A and Section 505(2) in the absence of essential ingredients is impermissible," the court said.

The bench also said that there was no allegation that the accused either promoted enmity or hatred towards another religious community. "Hence, an offence punishable under IPC section 153A is arbitrary."

In the order, the court also said that constructive criticism of the government policy is permissible but the constitutional functionaries cannot be insulted for having taken a policy decision, to which, certain sections of people may have objection. "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," the court said.