Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
Gyanvi Khanna
21 Aug 2024 9:32 AM GMT
The Supreme Court (on August 20) granted bail to 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.
The Bench of Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh noted that the allegations are almost identical and bear a pattern. Recording that the investigation is not completed yet, the Court also added that it is not known whether the State is “serious” in completing the same.
“We note that the allegations made against the appellants herein are almost identical and bear a pattern. The allegations may emerge from the documents on record and which could be considered during the course of trial. At this stage, the investigation is also not completed. It is not known as to whether the respondent/State is serious in concluding the investigation.”
The Court observed that the accused cannot be continued to be incarcerated on account of the investigation being inconclusive.
As such, the Bench granted bail while leaving it for the Trial Court to impose the conditions.
“It is directed that the appellants shall extend complete cooperation in the investigation and shall present themselves before the concerned Police Station(s) as and when summoned. The appellants shall not misuse their liberty in any manner. Any infraction of the conditions shall entail cancellation of bail granted to the appellants.,” the Court stated.
The Division Bench 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.
Yesterday, when the matter was listed, the Senior advocates submitted that the appellants had been engaged in educational activities and were engaged in facilitating the sale of textbooks for the benefit of students. However, the same cannot be an offence at all in law.
They also submitted that the management of educational institutions has a right to increase the fee in accordance with the prevalent Act and norms in the State. Accordingly, the fees of the students may have been raised.
Per contra, ASG KM Nataraj, for the State, opposed the bail plea and submitted that it may lead to tampering of evidence or could cause prejudice to the trial.
However, the Court was not convinced by the State's submission and marked that the allegations against the appellants “are almost identical and bear a pattern.” Pertinently, the appellants have been in custody since the end of May. The Court said that the appellants are entitled to relief as they cannot be in custody due to non-completion of the investigation.
In view of this, the Court ordered that the appellants will “forthwith” appear before the Trial Court for the purpose of granting bail.
“Let the appellants be produced before the concerned Trial Court forthwith, who shall release them on bail, subject to the appellants giving bail-bonds in the sum of Rs.25,000/- (Rupees twenty five thousand only)each with two like sureties. It shall be open to the concerned Trial Court to impose such other conditions as are deemed appropriate.”
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.
Senior advocates Vivek Tankha and Siddharth Luthra along with Advocates-on-Record Pragati Neekhra and Sumeer Sodhi appeared for petitioners.
Case Details: FR. ABRAHAM THAZHATHEDATHU vs. THE STATE OF MADHYA PRADESH., Atul Abraham Vs State of MP, Diary No. - 31739/2024
Citation : 2024 LiveLaw (SC) 591
