Karnataka HC sets aside sedition charges against Bidar school over anti-CAA play

Over the past two years, the case had drawn controversy on multiple occasions.

Initially, the headmistress of the school, Fareeda Begum, and the widowed mother of one of the students, Anuja Minsa, were arrested after the case was filed based on a complaint by local activist Neelesh Rakshyal under Indian Penal Code (IPC) section 124a (sedition) and 504 (insulting intentionally to provoke).

In his complaint, Rakshyal had alleged, “The play…was posted on social media with the intention of promoting enmity between communities. The director and management of the Shaheen School have committed an act that is anti-national in nature by using the students.”

At the time, school authorities had described the play as presenting the current situation in the country, at a time when protests were ongoing, and said that the sedition charges had caused “mental harassment.”

In February 2020, the Karnataka State Commission for Protection of Child Rights (KSPCR) chairman Dr Antony Sebastian had sent letters to Bidar officials and the Karnataka DGP, criticising the “atmosphere of fear” as well as the questioning of children.

Among the violations of norms highlighted was sending Minsa’s nine-year-old child to live with a neighbour without informing the local child welfare committee. Dr Sebastian had also objected to the presence of officers in uniform as well as the absence of guardians and parents during questioning.

The Karnataka High Court had also observed in August 2021 that this appeared to be a violation of the Juvenile Justice Act and a violation of child rights, citing photographs of the police personnel with the children during the interrogation.

While the order has set aside the sedition charges, a detailed judgment is awaited.