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Synopsis

The Madhya Pradesh High Court’s Indore bench has issued a show-cause notice to the Police Commissioner of Indore. The notice was prompted by the police’s failure to comply with a previous court directive related to an investigation involving a government school teacher accused of misconduct.

A bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari issued the notice in relation to an incident where the government school teacher (offender) allegedly forced minor female students to remove their clothing during a search for a mobile phone. The case was brought before the High Court as a public interest litigation (PIL) by social activist Chinmay Mishra. The petitioner argued that the teacher’s actions amounted to physical assault and an infringement on the children's dignity.

Following the complaint, a First Information Report (FIR) was registered on August 15, 2024, under Sections 76 (Assault or use of criminal force to woman with intent to disrobe) and 79 (Word, gesture or act intended to insult the modesty of a woman) of the Bhartiya Nyay Sanhita, along with Section 75 (Punishment for cruelty to child) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The court was informed by the petitioner's counsel, Advocate Abhinav Dhanodkar, that an order issued by the court on August 30, 2024, which directed the Indore Police Commissioner to review the case under the Prevention of Children from Sexual Offences (POCSO) Act, 2012, and submit a report to the court's Registry within one month had not been coupled with.

The State (respondent), represented by Government Advocate Bhuwan Gautam, indicated that the investigation was ongoing and a final report would be filed under Section 173 before the appropriate court.

The court expressed dissatisfaction with the lack of compliance by the Police Commissioner and directed the issuance of a show-cause notice to the Police Commissioner, asking why contempt proceedings should not be initiated for failing to adhere to the earlier directive.

“Let a show-cause notice be issued to Police Commissioner, Indore as to why contempt proceedings may not be initiated against him for non- compliance of the aforesaid order dated 30.08.2024. An affidavit to this effect shall be filed within a week and Police Commissioner, Indore is directed to remain personally present before this Court on the next date of hearing,” the court ordered.

The matter has been scheduled for further hearing on November 25, 2024.

 

Cause Title: Chinmay Mishra vs. The State of Madhya Pradesh and Others [WP No. 23250 of 2024]