Quizzing school kids by cops violative of JJ Act: Karnataka HC

Bengaluru: The Karnataka High Court took objection to violation of Juvenile Justice Act by the police officers while investigating the sedition case against the Shaheen Group of Institutions in Bidar.

The divisional bench headed by Chief Justice A.S. Oka and Justice Sanjay Gowda, who took up the petition filed in this regard made this observation. The case had made national headlines after the police action.

"We have verified the affidavit submitted by Dy SP Basaveshwara in this regard on March 16. The attached photograph in the affidavit shows five police officers questioning two school boys and a girl. Four police officers are seen in uniform and two of them had weapons. It is a serious prima facie violation of Juvenile Justice Act, Section 86(5)," the bench observed on Monday.

While interacting with children, police officers should be in normal dress and only women officers should talk to girl students as per provisions of JJ Act, the bench said. It also directed the government to submit an action taken report in this regard by one of the senior most officers.

The bench also told the government to consider initiating action to prevent violations of children's rights and framing guidelines for the state police officers.

"If we turn a blind eye to this case, it will repeat. We will not forgive this action by the police. Why should children be subjected to all this, it can't continue," the bench observed. Senior advocate Nayana Jyothi Jhawar and South India Cell for Human Rights Education and Monitoring had filed a petition against the police department. They alleged that, 85 students including a 9-year-old were investigated by the police leaving them traumatized.

Shaheen Group of Institutions had arranged a presentation on the controversial Citizenship Amendment Act (CAA) on school premises in Bidar district last year.

Neelesh Rakshala, an activist, filed a complaint alleging that the school management carried out a negative campaign on the law enacted by parliament. The case was registered at Bidar New Town police station under sedition. The head mistress and the students' parents were arrested and later released on bail. The petition challenged the police action and said that the police violated all guidelines of CRPC, Juvenile Justice Act while investigating the case. They have also alleged that the police have recorded children's videos without taking consent. The petition demanded from the divisional bench that United Nations Guidelines of 2005 while inquiring a criminal case should be considered. The petitioners have also demanded compensation for students and parents.