The Karnataka High Court on Monday observed that the presence of policemen in uniforms, carrying weapons, while interrogating children in Bidar district's Shaheen Pirmary and High School in February 2020, was a serious violation under the Juvenile Justice Act. The court noted that the Special Juvenile Police Unit for Children sub-rule 5 stated that police officers shall wear plain clothes when interacting with children and for dealing with a girl child, women police personnel will be engaged. On January 21 2020, students of classes 4, 5 and 6 in Shaheen Primary and High School in Bidar district of Karnataka, had staged a play performed in Dakkani language which questioned the need for the Citizenship Amendment Act (CAA) and National Registry of Citzens (NRC). The play allegedly had a line that was derogatory to the Prime Minister Narendra Modi. Later, the police visited the school many times to question students and teachers.
A division bench of Chief Justice Abhay Oka and Justice NS Sanjay Gowda said, "We have perused an affidavit filed by Deputy Superintendent, Basaveshwara of March 16. In the affidavit he has not dealt with photographs attached to rejoinder, he has dealt with photographs annexed in IA 1, 2020. 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 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," as per Livelaw.
The High Court bench asked the state government to submit an affidavit with a senior police officer on record stating what action was initiated against the police officers who interrogated the school children while wearing uniform and carrying firearms.
"If we condone this action, it will be repeated. We cannot condone such actions. Why are children subjected to this?" asked the High Court bench.
The High Court made the observations while hearing a petition filed by Nayana Jyothi Jhawar and South India Cell for Human Rights Education and Monitoring.
The High Court has asked a senior police officer to file a response by September 3 before the next hearing in the case. The officer should be of a higher rank than Deputy Superintendent of Police Basaveshwara Hira, the High Court added.
Ayesha*, a 11-year-old student who uttered some of the dialogues in the play was targeted after a video of the play was circulated. A police complaint was filed in the Bidar New Town police station by Nilesh Rakshala against the school management, Nazbunissa, Ayesha's mother, and Fareeda Begum, a teacher at the school. Nazbunissa and Fareeda were arrested on January 30 2020 on charges of sedition.
Police officials led by investigating officer Basaveshwara Hira turned up at the school five times, including in uniform, to question Ayesha and other students who were in the play. The police particularly questioned the students about who scripted the play and chose the dialogues which were in it. Ayesha was repeatedly questioned in school even as her mother Nazbunissa and her teacher Fareeda spent two weeks in jail due to a series of delays in the district court in Bidar. The judge was absent and the prosecutors were missing but the police continued to pursue the sedition charges, interrogating students in a corner of the school for five days.
On February 14 2020, the district court granted bail to the duo and stated that there is nothing to show that the offence of sedition was committed. "The dialogue in my considered opinion does not go to bring into hatred or contempt or to excite disaffection towards the government," the district judge Managoli Premavathi said.
But over 18 months after the incident occurred, no action has been taken against the police officers.