IPS: Muzaffarnagar slap: The incident in the school should shake the conscience of the UP government, Supreme Court

New Delhi: The Supreme Court The UP Police on Monday took strong exception to the Muzaffarnagar incident in which a school boy was allegedly beaten up by his classmates for belonging to a particular religion. On the instruction of the teacher, he was slapped and said that he should have been shaken. The “conscience” of the state.
A bench of Justices Abhay Soka and Pankaj Mithal said that quality education cannot be provided in educational institutions if students are targeted for being part of a community and said that the state government is “prima facie” in implementing the law. Has failed.
Expressing displeasure over the flawed examination, the court directed the UP government to appoint a senior IPS Officer to investigate the case and submit the status report to the court within one week.

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Questioning the conduct of the state police in handling the case, the bench said that the FIR was not only registered after a long delay but also did not mention that the boy was allegedly attacked because of his religion. was done, as mentioned by the victim’s father in his statement. . The court rejected the argument of Additional Solicitor General KM Nataraj, who submitted on behalf of the state government, that the communal angle in the case was blown out of proportion.
“This is a very serious issue. A teacher is telling students to beat up their classmate because he belongs to a particular community! Is this quality education? The state should take responsibility for the children’s education. If the allegations are true, If so, it should shock the conscience of the state,” the bench said.
“We strongly object to the manner in which the FIR was registered,” he said and pointed out that the victim’s father had alleged in the first complaint that the teacher was making objectionable comments against a particular religion but the same in the FIR. The charge was missing.
The bench said that this is a very serious case as a teacher has ordered to kill the child because of his religion. The bench said that the alleged act is not only a criminal offense but also violative of the fundamental rights of the child and the Right to Education Act and the laws framed by the State under the Act.
“After long delay, an FIR has been registered on 6 September 2023, under Section 75 of the Juvenile Justice Act, 2015, and Sections 323 (voluntarily causing hurt) and 503 (criminal intimidation) of the IPC. The petitioner contends that the offense under Section 75 of the JJ Act and Section 153A (promoting enmity between different groups) of the IPC is also under Section 2 of the IPC. A senior police officer nominated by the state government will do so to determine whether these two offenses are fit to plead,” it ordered.
The court directed the state government to ensure that the boy as well as his classmates are provided with proper counseling by a professional counsellor. It has also sought a report from the state on the facilities provided to the victim and measures taken to protect her family.
The court was hearing a PIL filed by Mahatma Gandhi’s grandson Tushar Gandhi seeking its intervention. Opposing his plea, the state asked the bench not to bring placards that he was Mahatma’s grandson. However, the bench clarified that if the state has any issue with the petitioner’s position, it can take it as a suo motu petition.
The court adjourned the case till October 30 for further hearing and directed the state to file the report by that date.
Tushar Gandhi, in his petition, has pleaded that the police should apply all applicable provisions of the criminal law and take consequential action, including the arrest of the school teacher.

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