Abusive Words Against PM Derogatory, Not Seditious: High Court

Bengaluru: In an important verdict, Karnataka High Court quashed a case of sedition against a school management saying that abusive words used against the Prime Minister were derogatory and irresponsible but does not constitute sedition.

A sedition FIR was filed against the school management for a play enacted against Citizenship Amendment Act (CAA) and National Register of Citizenship (NRC) by students of Classes 4, 5, and 6 on January 21, 2020.

The FIR, filed by New Town Police Station, Bidar, named against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab — all management persons of Shaheen School, reported PTI.

Justice Hemant Chandangoudar, of Kalburgi bench of the High Court, said the ingredients of Section 153(A) (causing disharmony between religious groups) of 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 irresponsible. Constructive criticism of government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision which certain section of the people may have objection to,” Justice Chandangoudar said in his judgement.

The FIR had alleged that a play enacted by children criticised various enactments of the government and “if such enactments are enforced, the Muslims may have to leave the country.”

“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 high court noted.

The court further said that the play came to public knowledge after one of the accused uploaded it on his social media account.

“Hence, by no stretch of imagination can it 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,” the high court observed.

“Therefore, the registration of the FIR for the offence under Section 124A (Sedition) and Section 505(2) in the absence of essential ingredients is impermissible,” ruled Justice Chandangoudar.

The four accused had been charged under Sections 504 (insulting someone intentionally), 505(2), 124A (sedition), 153A read with Section 34 of IPC following a complaint by Akhila Bharatiya Vidyarthi Parishad’s (ABVP) Nilesh Rakshala.

The high court advised 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 benefit them in their upcoming curriculum of academic period.