School Girls Allegedly Forced To Remove Clothes For Phone Search: HC Issues Contempt Notice To Indore Police Commissioner For Not Filing Report

In a case concerning a government school teacher allegedly forcing minor girls to remove their clothes to search for a mobile phone, the Indore bench of the Madhya Pradesh High Court issued a show-cause notice to the city Police Commissioner to explain why contempt proceedings should not be initiated against him for not complying with its order.

A division bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari in its November 13 order asked the Commissioner to appear personally before it on the next date of hearing.

The court had previously directed the state government to submit a comprehensive report on the measures taken after the complaint was filed. As a result, FIR was registered under Section 76 (Assault or use of criminal force to woman with intent to disrobe) and 79 (Word, gesture or act intended to insult the modesty of a woman) of the Bhartiya Nyay Sanhita and Section 75 (Punishment for cruelty to child) of the Juvenile Justice Act 2015.

On August 30, the court had directed the Police Commissioner, Indore to examine the matter in view of the POCSO Act and submit a report before the Registry within one month; however the petitioner alleged that this had not been done.

“Let a show-cause notice be issued to Police Commissioner, Indore as to why contempt proceedings may not be initiated against him for noncompliance of the aforesaid order dated 30.08.2024. An affidavit to this effect shall be filed within a week and Police Commissioner, Indore is directed to remain personally present before this Court on the next date of hearing," the court directed.

The order was passed in a PIL filed by a social activist Chinmay Mishra, who brought in light the incident where a teacher allegedly subjected five female students to a search under the guise of finding a ringing mobile phone. The complaint stated that the teacher removed their clothing and physically assaulted them.

The petitioner has raised concerns that provisions of the Protection of Children from Sexual Offences (POCSO) Act 2012 were not being appropriately considered by the police. The petitioner highlighted the lapse and referred to the earlier bench's directive given on August 30 in which the court ordered the Indore Police Commissioner to review the matter under the POCSO Act and file a report.

The petitioner had also submitted draft guidelines in the matter and sought to bring the same on record. Directing the Registry to take the same on record the court listed the matter on November 25.

Case title: CHINMAY MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS

Citation: WP No. 23250 of 2024

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