Breaking: Supreme Court To Hear Tomorrow Tushar Gandhi's Plea In Muzaffarnagar Child Slapping Case Seeking Time-Bound And Independent Investigation

The Supreme Court will hear tomorrow, a petition filed by Tushar Gandhi seeking directions for a time-bound and independent investigation including registration of FIR in respect of all provisions where prima facie commission of offences is made out, pertaining to a recent incident  in a school at Muzaffarnagar, a teacher was seen asking students to slap their classmate in a viral video

A two Judge Bench of Justices Abhay Oka And Pankaj Mithal will hear the matter tomorrow

The present petition has been filed in the backdrop of an infamous video that went viral across India wherein where a school teacher purportedly was seen making communal remarks while egging students to hit their fellow classmate, a seven-year old boy, repeatedly.

The petitioner has submitted that the teacher was seen on video telling the children to hit their classmate “hard” and saying at one point: “Maine toh declare kar diya, jitne bhi Mohammedan bachche hain, inke wahan chale jao (I have declared – all these Muslim children, go to anyone’s area)…” Then, as one child sits down after hitting the boy, the teacher tells him: “Kya tum maar rahe ho? Zor se maaro na (Why are you hitting him so lightly? Hit him hard).”

Following the incident, on August 26 the FIR was registered against the school teacher under Section 323 (punishment for causing voluntarily hurt); Section 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, 1860 (IPC). The petitioner has alleged that ever since the FIR has been filed, there has been a mounting pressure on the child’s family to strike a “compromise” and get the FIR against the teacher expunged.

INDEPENDENT AND TIME-BOUND INVESTIGATION

As per the petition, there should be independent and time-bound investigation of several offences prescribed under IPC including Section 153A (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and Section 298 (Uttering, words, etc., with deliberate intent to wound the religious feelings of any person) of IPC. Further, direction has been sought for investigation of offences under Juvenile Justice (Care and Protection of Children) Act, 2015.

Moving forward, the petitioner has also submitted that there has been a breach of guidelines enumerated in Tehseen S. Poonawalla vs Union of India, (2018) 9 SCC 501, that inter-alia requires the police to ensure that there is no further harassment of the family members of the victims, upon the FIR being lodged.

PREVENTIVE AND REMEDIAL GUIDELINES

To support this ground, the petitioner has relied on the case of State of Karnataka vs Praveen Bhai Thogadia, (2004) 5 SCC 684, wherein it was observed “it is inconceivable that there can be social well-being without communal harmony, love for each other and hatred for none.”

The petition has been filed through Advocate Shadan Farasat.