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A petition has been filed in the Karnataka High Court seeking action against the Bidar police for “illegally examining and questioning” minor students who participated in a school play against the Citizenship Amendment Act (CAA).
A Public Interest Litigation (PIL) was filed by Nayana Jyothi Jawar, an advocate, and others saying that the state police violated rule of law and various provisions under the Code of Criminal Procedure and the Juvenile Justice Act.
“The police have interrogated the students aged 9 years to 12 years of Shaheen School in Bidar, creating mental trauma and fear in the children’s state of mind,” the petition read.
The young students were repeatedly interrogated by the Bidar police for participating in an anti-CAA play in their school.
The police had also filed an FIR against the management of the school after an activist of Akhil Bharatiya Vidyarthi Parishad (ABVP) filed a complaint on January 26.
The ‘interrogation’ with the minors only stopped after the Karnataka State Commission for Protection of Child Rights criticised the Bidar district police for violation of law.
The petition also faults the police for questioning “about 85 students studying in classes 4-6, thus creating a very hostile environment for students, affecting their education and mental state of mind”.
“The police questioned the students in uniform and selected students according to their whims and fancies,” the petitioners contend.
The petition adds, “… the respondent Police questioned the students of Shaheen Education Society and the Administration, Bidar, violating procedure established by law including the provisions of Juvenile Justice Act, 2015 and Rules 2016 as well as Criminal Procedure Code 1973 and most significantly Article 21 of the Indian Constitution, without any presence of parents or teachers of the students questioning them while being video recorded, without their consent.”
The petition asks the court to direct the Karnataka Police to examine minors “in accordance with the provisions of law and further that it initiate action against the delinquent police personnel”.
The plea also seeks compensation for the parents or legal guardians of those students who have been illegally examined in the matter.
The petitioners sought interim relief of directing the respondents to preserve and produce the CCTV footage and digital video recordings of all cameras in the school during the time when the ‘interrogation’ happened.
They also want the court to issue directions to restrain the police from any further questioning or interrogation.
Two women, the headmistress of the school where the play was performed and the mother of a student who took part in it, were arrested in the case.
A district court had earlier denied relief for the two women who were arrested in the case.