Karnataka school play: Police say court will take a call on sedition charge

BENGALURU: The Karnataka police, who have come under fire for slapping a sedition case over a school play critical of CAA and questioning children over it, have said the courts would take a call on whether it is fit to be charged under the sedition law.

“We booked the case based on the information received about the incident and in line with the Supreme Court order on filing FIRs. The Investigating officer is gathering facts and evidence to submit a final report to the court. The court will take a call,” Nagesh DL, Superintendent of Police of Bidar told ET.

Nagesh said the police were in the process of drafting the final report to be be submitted in the district court.

Minority educational institution Shaheen Primary & High School in Bidar was at the centre of controversy after the police arrested the head teacher and a parent for staging a play criticising the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) and "portraying the prime minister in poor light".

Students had staged the play on January 21 and a parent had livestreamed the event on social media. Five days later, Nilesh Rakshala, a member of Akhila Bharatiya Vidyarthi Parishad (ABVP) filed a complaint of sedition with the Bidar police.

The Supreme Court has maintained that only "violent revolution" and not mere slogan-shouting would attract sedition charges. Rulings in 1962 and 1995 have laid down that only an "overt" act attaracts charges under Section 124A ( sedition) or Section 153A ( creating disaffection between communities)of the pendal code. Last week Justices Rohington Nariman and Justice S Ravindra Bhat remarked in another case that sedition was being used "loosely" these days.

The Bidar SP defended the police move saying that the apex court ruling in the 2007 Lalita Kumari mandated police to file an FIR as soon as they receive information on any cognisable offence.

After filing an FIR, police also arrested two women - Nazbunnisa, mother of a student and Fareeda Begum, head teacher - on January 30, on the charges of "using children to incite hatred towards the country and Prime Minister Narendra Modi". The case came up for hearing at the Bidar District and Sessions Court on Wednesday and was adjourned for February 11, meaning the two women will be in jail for one more week.

Since the arrest, police have been visiting the school almost everyday to “question” the children. “They have questioned students five days since the case was booked. They ask the same set of questions about who taught them the play, the rehearsals etc again and again,” said Touseef Madikeri, the school CEO.

The school management feels that the interrogation has created a sense of fear and discomfort among children. “A team of six that includes four police and two members from the child welfare committee are here from 10.30 am to 4 pm,” Touseef said. The police did not visit the school on Wednesday.

The SP of Bidar, however, has maintained that the police are not harassing children. “The team is interacting with different students on different days. Any lapse on the part of investigating officer or the staff can be brought to my notice. We will inquire and take appropriate action,” he said.