BIDAR: The Principal District and Sessions Court in Bidar has observed that the play staged by some children of Shaheen Urdu Medium School does not amount to sedition under Section 124A of IPC.
In a recent order granting anticipatory bail to Shaheen Group of Institutions founder Abdul Qadeer, judge Managoli Premavati observed on plain reading of the contents extracted from the play, the student has protested against the Citizenship Amendment Act and the National Register of Citizens. The extracted portion in the only offensive part as per the case made out by the prosecution. But the dialogue, if read as a whole, does not amount to sedition against the government and as such, ingredients of Section 124A of IPC are not prima facie made out, the judge observed.
“What the children have expressed is that they will have to leave the country if they don’t produce certain documents and except that, there is nothing to show that the student committed the offence of sedition. The dialogue, in my considered opinion, does not go to bring hatred, contempt or excite dissatisfaction towards the government,” the judge said.
“In the country, there are rallies and protests for and against CAA, NRC and, as a citizen, everybody has the right to express disapprobation of the measures of the government with a view to obtain their alteration by lawful means. The dialogues were expressed during the course of enacting a play in the school.
If it were not uploaded on Facebook, the public could not have come to know of the dialogue. The play has not caused any disharmony in society,” the judge observed.
“So far as the offence under Section 153A of IPC (promoting enmity between different groups on grounds of religion, race, place of birth, language) is concerned, there is no reference of any other community in the play. All that the artists have said is that Muslims will have to leave the country if they do not produce the documents as required under the proposed CAA, NRC Acts. When there is no other religion mentioned in the entire play, there is no question of causing disharmony between two religions, the judge said.
It may be recalled that the school headmistress and the mother of the student who played main role in the play, were released on bail recently. The members of the Shaheen Educational Institution management have secured anticipatory bail in the sedition case.
When contacted, Bidar Superintendent of Police Nagesh D L said the judge’s observations were in respect of the order granting anticipatory bail. It will not be part of the ongoing trial against the staff, the parent and the management members of Shaheen Urdu Medium School, he said.
SC rejects plea against misuse of sedition law
New Delhi: The Supreme Court on Friday dismissed a petition seeking framing of a proper mechanism and guidelines to deal with alleged misuse of the sedition law by the government machinery. The court also questio-ned the petitioner for seeking quashing of an FIR in a sedition case lodged against the management of a Bidar-based school over staging of a play. “How can you ask for quashing of the FIR? You are not the affected party,” the bench said.