Muzaffarnagar Student Slapping Case| Chargesheet Is ready, Sanction Awaited : State Of UP Tells Supreme Court

The present case revolves around an incident where a teacher at a school in Muzaffarnagar allegedly asked her students to slap a student and allegedly uttered communal slurs against him. Following the incident, a public interest litigation (PIL) was filed by activist Tushar Gandhi, seeking a proper and time-bound investigation into the incident.

Previously, the Court had asked the State of Uttar Pradesh about the steps taken to prosecute the offender. Accordingly, Additional Advocate General (AAG) Garima Prashad was asked to get instructions from the State in this regard.

Today, AAG for the Home Department, UP, Sharan Dev Thakur, informed the Court regarding the prosecution of the offender. He said that the statements of around 18 witnesses have been recorded during the investigation. In furtherance to this, Section 41A CrPC notice has been issued to the accused and her statement has also been recorded and chargesheet is ready. We are waiting for sanction, the Counsel added.

To This, Justice Oka said: “You do it properly so there is not any technical lacunae there.”

Ultimately, the Court, while recording this submission, ordered:

“Ld. Counsel, appearing for the State of UP states that Chargesheet is ready, however, sanction is awaited. He states that as soon as sanction is received, a chargesheet will be filed.”

During today's proceedings, the Court also heard an application filed by the father of the victim child. Seemingly, the application included prayers for reimbursement of the child's tuition fees and for providing stationary, school uniform, and similar things.

At the commencement of the hearing, Advocate Shadan Farasat, appearing for the petitioner, apprised the Bench that school fees have not been paid by the government to the School. Apart from this, he also raised the issue of uniforms. “The boy is still wearing the winter uniform, stationery has not been given. State is treating him as if it is some kind of a favour.” he said.

At this, Additional Advocate General Garima Prashad chimed in and submitted that the books have been given and the State has written to school as well as the other NGOs.

Farasat fervently opposed the same. He said the State has a statutory obligation to reimburse under the Right To Education Act. “The challenge is that the father is running from here to there,” he added.

After hearing the submissions, the Court ordered the State to file an affidavit in regard to the compliance of these prayers and posted the matter two weeks later. 

Coming to the IA for directions filed by the father of the child, Ld. AAG appearing for the State of UP states that prayers A and C have been complied with. We direct the state to file a counter dealing with the prayers in the application within a period of two weeks from today. List on May 10.”

Background

The present case revolves around a viral video from last August that showed a primary school teacher, Tripta Tyagi, allegedly making hurtful comments about a student's religion. In a video, Tyagi can also be heard directing students to slap the boy one by one.

Following the incident, a first information report (FIR) was registered against Tyagi on August 26 under various sections of the Indian Penal Code, including Section 323 (punishment for causing voluntarily hurt) and Section 504 (intentional insult with intent to provoke breach of peace).

In September, social activist and Mahatma Gandhi's great-grandson Tushar Gandhi approached the Supreme Court, calling for an independent and time-bound probe into the incident and the prompt registration of FIRs against those responsible. In his petition filed through Advocate-on-Record Shadan Farasat, Gandhi has urged the court to direct an investigation of offences under the Indian Penal Code, including that of promoting enmity between different groups based on religion and uttering words with the deliberate intent to wound religious feelings, as well as various offences under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Last year, in November, the Court appointed the Tata Institute of Social Sciences (TISS) to suggest the mode and manner of extending counseling to the victim child and the other involved children. Pursuant to this, in February, the Court had directed the State to immediately implement the suggestions in the TISS report.

In this regard, the Court observed in the previous hearing that the state government seems to be substantially complying with the child's counseling.

Earlier, the Court had expressed dissatisfaction with the manner in which the UP Police dealt with the case, pointing out that the FIR was registered belatedly and that too by invoking less serious offences, despite the father of the boy specifically stating in the complaint that the teacher had made communal remarks.

Expressing that there is "prima facie failure on the part of the State" to comply with the mandate of the Right to Education Act, which prohibits physical and mental harassment of students and their discrimination on the basis of religion and caste, the Court had directed the investigation of the case to be done by a senior IPS-ranked officer.

Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023