Bengaluru– The Karnataka High Court has said abusive words used against the Prime Minister was derogatory and irresponsible but it does not constitute sedition, while quashing a case of sedition against a school management.
Justice Hemant Chandangoudar, at the Kalburgi bench of the High Court, quashed the FIR filed by the New Town Police Station, Bidar, against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab, all management persons of Shaheen School in Bidar.
The court said the ingredients of Section 153(A) (causing disharmony between religious groups) of the Indian Penal Code (IPC) are not found in the case.
“The utterance of the abusive words that the Prime Minister should be hit with footwear is not only derogatory, but is irresponsible. The constructive criticism of the government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision, for which, certain section of the people may have objection,” Justice Chandangoudar said in his judgement.
Though it was alleged that the play enacted by the children criticised the various enactments of the government and “if such enactments are enforced, the Muslims may have to leave the country,” the HC noted that “the play was enacted within the school premises. There are no words uttered by the children inciting people to resort to violence or to create public disorder.”
The HC said the play came to public knowledge when one of the accused uploaded the play on his social media account
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