The Madhya Pradesh High Court has refused to quash an FIR registered against four former office-bearers and staff members of a school in Damoh, who were accused of forcing girl students to wear hijabs and follow specific religious practices.
A bench of Justice Himanshu Joshi, while refusing relief on Friday, observed that specific allegations of students being coerced through threats could not be termed baseless and would have to be tested on the basis of evidence.
The court dismissed petitions filed by former school office-bearers Shailendra Kumar Jain and Abdul Wasim Bari, teacher Anas Athar and peon Rustam Ali, who had sought quashing of the first information report (FIR).
The case relates to Ganga Jamuna Higher Secondary School in Damoh, where the state government ordered an inquiry after a poster showing Hindu girl students wearing hijabs came to light in May 2023.
Following complaints from students, the district collector constituted an inquiry committee. Based on its findings, a case was registered under Sections 295-A (deliberate and malicious acts intended to outrage religious feelings), 120-B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code, along with provisions of the Juvenile Justice Act and the Madhya Pradesh Freedom of Religion Act, 2021.
It was alleged that wearing the hijab, offering namaz and studying Urdu were made mandatory at the school, while wearing a tilak and kalava were prohibited.
The court noted that the FIR contained specific allegations that students were allegedly made to follow a particular dress code and religious practices against their wishes through threats and pressure.
The allegations against the petitioners could not, therefore, be considered prima facie baseless, the court held, adding that their veracity would have to be determined on the basis of evidence.
Police have already filed a chargesheet in the case.
(With inputs from PTI)