Karnataka High Court Dismisses Sedition Case Against Bidar School Over 2020 Play On CAA

The controversy erupted when students staged the play on the CAA and NRC, attracting attention and subsequently leading to an FIR being filed against the school authorities for sedition.

A sedition case against Shaheen Primary and High School has been dismissed by the Karnataka High Court.

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A sedition case against Shaheen School in Bidar has been quashed by the Karnataka High Court, reported news agency ANI. The case relates to a complaint filed by the then BJP government in the state, alleging that a play staged by students of classes 4-6 against the Citizenship Amendment Act in 2020 was communal in nature and had slogans against PM Narendra Modi.

According to Legal news website Live Law, Justice Hemant Chandangoudar, presiding over a single-judge bench, granted the petitions submitted by Allauddin and others, effectively nullifying the prosecution initiated against them under various sections of the Indian Penal Code (IPC), including 504, 505 (2), 124A, 153A, and Section 34.

Senior Advocate Ameet Kumar Deshpande, representing the petitioners, confirmed the court's decision to quash the proceedings. However, a detailed copy of the order is yet to be made available, reported Live Law.

The controversy erupted when students staged the play on the CAA and NRC, attracting attention and subsequently leading to an FIR being filed against the school authorities for sedition. The complaint, lodged by activist Nilesh Rakshala, accused them of engaging in "anti-national activities" and "spreading negative opinions" about parliamentary laws. The FIR was registered at the Bidar New Town police station.

Consequently, Fareeda Begum, the headmistress of Shaheen Primary and High School, and Nazbunnissa, the mother of a girl student who delivered a dialogue deemed insulting towards Prime Minister Narendra Modi, were arrested on January 30, 2020. However, they were subsequently released by a sessions court on February 14, 2020.

Earlier this month, the Law Commission, in a recommendation, supported the penal provision for the offence of sedition, contending that repealing it can have serious adverse ramifications for the security and integrity of the country. Section 124A of the Indian Penal Code dealing with sedition is at present under abeyance following directions of the Supreme Court issued in May 2022. The Commission stated that repealing the provision on the basis that certain countries have done so is essentially turning a blind eye to the ground realities existing in India and that it can be retained with certain safeguards to prevent its misuse.

There have been demands for the repeal of the provision amid allegations of misuse.

The panel, in its report submitted to the government recently, said cognisant of the views on the misuse of Section 124A, it recommends that model guidelines curbing them be issued by the Centre.

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