Ensure police do not violate juvenile justice law: Karnataka HC to government
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Observing that the police had, prima facie, violated the rights of children while probing a sedition case registered against a school in Bidar last year, the High Court of Karnataka on Monday directed the State government to issue directions to the police to ensure that they do not violate the provisions of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, while questioning children.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice N.S. Sanjay Gowda also asked the government to explain what action was taken against the police who were in uniform, and some even carrying their firearms, in the presence of children at a school, run by Shaheen Education Society, contrary to Rule 86(5) of the JJ Model Rules.
The Bench issued the direction while hearing a PIL petition filed by city-based advocate Nayana Jyothi Jhawar and the South India Cell for Human Rights Education and Monitoring, an NGO.
The Bench noted that Rule 86(5) mandates that police officers interacting with children should be, as far as possible, in plain clothes and not in uniform. Also, when dealing with girl children, women police personnel should be engaged.
From the photographs produced on behalf of the petitioners, the Bench noted that some police personnel were not only in their uniform, but also carrying firearms. From the photographs, it can be said that prima facie it is a serious case of violation of the rights of children under the provisions of the Model Rules, the Bench said.
The court, in February last year, had asked the government whether the police were in their uniform while questioning/counselling students in connection with the case. The government had replied that the police were in plain clothes, and the Deputy Superintendent of Police, who was in uniform while conducting spot mahazar and other investigation place, was in plain clothes at the time of counselling/questioning 17 students.
Later, the petitioners produced the photographs in which some police personnel were found to be in their uniform, with two carrying their firearms.
As the Deputy Superintendent of Police did not deny the correctness of the photographs produced by the petitioners, the Bench said it had to infer that he had accepted its validity.
A criminal case was registered against Shaheen Education Society and others for allegedly enacting a play using schoolchildren to incite people to oppose the Citizenship (Amendment) Act and to give “negative opinion” on the laws enacted by Parliament.
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