6 Sep 2023 7:10 AM GMT
The Supreme Court on Wednesday (September 6) asked the Superintendent of Police, Muzzaffarnagar (Uttar Pradesh) to file a report regarding the status of investigation in the case against a teacher for asking other students to slap a Muslim student, a video of which became viral in social media two weeks ago. The Court has further asked the SP to report about the steps taken to protect the victim of the crime.
A bench comprising Justices Abhay S Oka and Pankaj Mithal ordered so while issuing notice on a writ petition filed by social activist and great grandson of Mahatma Gandhi, Tushar Gandhi, seeking proper investigation in the case. Notice is returnable on September 25.
Advocate Shadan Farasat, petitioner's lawyer, told the bench that the petition also seeks guidelines regarding preventive and remedial measures within the school systems to prevent violence against children, including those belonging to religious minorities.
The petitioner submitted that the teacher, who was later identified as Tripta Tyagi, was seen on the video telling the children to hit their classmate “hard” and saying at one point: “Maine toh declare kar diya, jitne bhi Mohammedan bachche hain, inke wahan chale jao (I have declared – all these Muslim children, go to anyone’s area)…” Then, as one child sits down after hitting the boy, the teacher tells him: “Kya tum maar rahe ho? Zor se maaro na (Why are you hitting him so lightly? Hit him hard).”
Following the incident, on August 26 the FIR was registered against the school teacher under Section 323 (punishment for causing voluntarily hurt); Section 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, 1860 (IPC). The petitioner has alleged that ever since the FIR has been filed, there has been a mounting pressure on the child’s family to strike a “compromise” and get the FIR against the teacher expunged.
Case : Tushar Gandhi v. State of Uttar Pradesh |W.P.(Crl.) No. 406/2023