'You Can't Round Up People For All This' : Supreme Court Questions MP Govt Over Arrest Of School Principals Over 'Illegal' Fee Hike
The Supreme Court today (on August 08), heard the bail pleas filed by principals of various schools and officer bearers of the Schools' Managing Committee (including a Bishop) in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers.
During the hearing, Senior Advocate Sidharth Luthra, submitted, on behalf of one of the petitioners, that he has been in custody for two months. He underscored that it is a matter of liberty. He also stressed that even the Bishop is in jail. Another Senior counsel, appearing for the lady principals, submitted that they have served for 36 years, are in the best schools and are in jail.
At this, Justice B.V. Nagarathna asked the ASG K.M. Natraj(representing the State) as to why the block education officer (filed the complaint). When she further asked, if the petitioners were rounded up on the same day, the answer came in affirmative. At this, she remarked:
“Please advise the State, this kind of thing cannot go on. Things are changing now, you cannot round up people for all this……Please advise your government.”
However, at the request of the ASG, the Court listed the matter on August 20.
The Division Bench, also including Justice Nongmeikapam Kotiswar Singh, was hearing an appeal against the High Court of Madhya Pradesh's order denying them bail. A single bench of Justice Maninder S Bhatti rejected the bail applications of the 14 people such as Bishop Ajay Umesh Kumar James of Jabalpur diocese of the Church of North India (CNI), Father Abraham Thazhathedathu of Jabalpur Catholic diocese and three pastors.
Notice in the SLP was issued on July 25, 2024.
Factual Background
The facts of the present case are such that the Collector, Jabalpur issued directions to the various Government Authorities to lodge FIRs against the Management of various schools, Book Sellers, who were selling books to the students of the schools, publishers of the books as well as other employees like Principal of the School.
The Collector also uploaded a post on Facebook inviting parents of the students, if they had any complaints against the School Management. It was also informed through the said post that the parents can verify International Standard Book Number (ISBN).
In response to this, various complaints were received. Thereafter, committees were constituted, which conducted enquiry and submitted their enquiry. Based on this the FIRs were registered.
After this, at the instance of the Collector, another FIR was lodged against the constant increase in fees. As per the allegations, the increase violated MP Niji Vidyalay (Fees tatha Sambandhit Vishayo ka Viniyaman) Adhiniyam 2017.
Besides this, the allegation also included forged ISBN numbers printed on books and overpricing of books and other articles.
Against this, the petitioners approached the High Court for bail. However, the same was denied observing that the FIR prima facie implicated the Management of the Schools and there are allegations of deriving undue pecuniary benefits and also allegations of forgery of ISBN.
“The allegations are against the Management of the School and though some of the applicants are claiming that they are working as Principals but as per the records, they are members of the Management Society and are in Management committee running educational institutions, therefore, prima facie they are connected with the affairs of the School Management.,” the High Court ordered.
Case Details: FR. ABRAHAM THAZHATHEDATHU vs. THE STATE OF MADHYA PRADESH., Atul Abraham Vs State of MP, Diary No. - 31739/2024