Action Taken Against Police Officials Who Interrogated School Kids Over Anti-CAA Drama, Karnataka HC Told

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magdum in its order recorded that "AGA on the basis of instructions submitted that action has already been taken against the erring police officers and circular has been issued by the Director General of Police, to all police stations, that in future there will be strict compliance to the Juvenile Justice (Care and Protection of Children) Model Rules, 2016."

The action followed after the High Court on August 16, while hearing a petition filed by Advocate Nayana Jyothi Jhawar and South India Cell for Human Rights Education and Monitoring had noted "We have perused the affidavit filed by Deputy Superintendent, Basaveshwar 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, Shri Basaveshwar has accepted the correctness of the photographs annexed to the IA. By not denying the photographs annexed to the rejoinder, it is apparent that he has accepted the correctness of the photographs."

Further it had said "Prima facie this is a serious case of violation of Rights of the Children and provisions of 86 (5) of JJ Act 2016. "

Section 86 on constitution of a Special Juvenile Police Unit for Children in its Sub-Rule 5 states that, "The police officer interacting with children shall be as far as possible in plain clothes and not in uniform and for dealing with girl child, woman police personnel shall be engaged."

Further, the court had said "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 the rights of children does not take place again."

The petition had said that about 85 children, some as young as 9 years of age, were subjected to police interrogation. This made the environment very hostile and affected the children' mental psychology.

Students of the Shaheen Education Society belonging to classes 4, 5 and 6 had staged a play on the CAA and NRC, in 2020. 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 plea states that the police action was in blatant violation of the Rule of Law and various provisions of the CrPC, Juvenile Justice Act and the Constitutional norms. The plea urged the court to issue guidelines with respect to examination of minors in criminal proceedings, in line with the Guidelines on Justice in Matters Involving Child Victims and Witness of Crime, issued by the UN in 2005. It has also sought payment of compensation to the guardians of the students who were illegally examined.

The matter will be next heard on December 1 when the state government will file a memo of compliance.

Case Title: Nayana Jyothi Jhawar v. State of Karnataka

Case No: WP 3485/2020