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Synopsis

The Madras High Court has ordered Coimbatore city police to justify by Monday why schoolchildren's mere presence in uniform during Prime Minister Narendra Modi's March 18 roadshow warranted filing a criminal case against the school management.

During the hearing of a petition filed by a middle school headmistress to quash an FIR registered on March 19 based on a complaint by District Child Protection Officer Pavithra Devi, the bench of Justice G. Jayachandran queried the prosecution about the application of Section 75 of the Juvenile Justice Act, 2015. This section pertains to actions causing mental or physical suffering to children and was central to the judge's concerns in the case.

A law officer argued that the school management exposed 32 students to unnecessary mental and physical distress by taking them to a crowded roadshow due to parental pickup delays. However, the judge questioned whether a criminal case could solely rely on the District Child Protection Officer's report, given that no parent had filed a complaint.

Additionally, the judge emphasized that no incidents occurred during the roadshow, cautioning against the police's reliance on media reports and urging against knee-jerk reactions in registering criminal cases against school managements.

The judge highlighted the far-reaching implications of the current case on issues involving children in political events. He directed the law officer to prepare relevant case laws to argue the matter comprehensively during Monday's proceedings.

Moreover, Justice Jayachandran extended the interim protection granted to the school management by Justice N. Anand Venkatesh last week, instructing the police not to take any coercive action until further orders are issued.

The Case:

The Coimbatore city police filed a First Information Report (FIR) under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, based on a complaint by District Child Protection Officer Pavithra Devi on March 19 against the school.

The complaint alleged that 32 students were taken to a roadshow by their teachers without parental consent, as parents did not pick them up by 4 pm. 

However, headmistress S. Pukal Vadivu, in her petition to quash the FIR, asserted that the complaint was false and vindictive, emphasizing that the school took all necessary precautions. She argued that the allegations didn't merit Section 75 of the JJ Act and requested the FIR's dismissal.

Case Title: M/s S Pukal Vadivu v State

[Inputs: The Hindu]