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This is an archive article published on March 29, 2024

Ensure govt schools are adequately protected from unethical activities, Bombay HC tells SPs

Court says it may form committee under former HC judge to deal with situation in schools

bombay hcThe court had taken cognisance of a news report showing a photograph wherein students from a ‘smart school’ with disconnected electricity supply, were sitting on the floor with empty bottles of liquor lying around them.

The Aurangabad bench of the Bombay High Court recently asked the Superintendents of Police (SP) in all districts in the state to ensure that schools run by Zilla Parishad and civic bodies are adequately protected against trespassing.

The bench said that it should be done not only by deploying guards, but also by adopting a mechanism through which the bootleggers, gamblers and drug-peddlers would not get a scope to enter the premises after school hours, especially in the night.

The court also said it also expected the authorities to remove encroachment from the Zilla Parishad schools by following the due procedure laid down by the law. The bench said it was contemplating the constitution of a committee, preferably headed by a former HC judge, to deal with the situation of such schools.

A division bench of Justice Ravindra V Ghuge and Justice R M Joshi was hearing an application in suo motu PIL, raising concerns over the bad conditions of the schools across the state being operated by the local authorities such as Zilla Parishad, Panchayat Samiti, Municipal Council and Municipal Corporation. The court had taken cognisance of a news report showing a photograph wherein students from a ‘smart school’ with disconnected electricity supply, were sitting on the floor with empty bottles of liquor lying around them.

Last year, the HC had ordered formation of a committee in each district of Maharashtra headed by a Principal District Judge (PDJ) or his/her nominee to deal with the ‘grim situation’ of such schools used for unethical, impermissible or offensive activities and keep a watch on them. Seeking reports and recommendations from the committees, the court had said it was ‘imminent’ to safeguard the future of children.

On March 22, Additional Government Pleader P K Lakhotiya submitted a report by the SP of Dharashiv district stating that it had decided to take steps for arranging daily visits of Pink Pathaks (pink squads) in schools to reassure the students and the faculty and serve as a deterrent to potential threats. The Dharashiv police said it has also undertaken patrolling and monitoring to deal with the menace and ‘pink complaint boxes’ are also provided.

The court also perused reports of PDJs of various districts submitted by advocate Rashmi S Kulkarni, appointed as amicus curiae to assist the court in the case and termed the compilation to be an ‘eye opener.’ The HC said it was contemplating constitution of state-wide committee and posted the matter after two weeks so that parties to the case can make suggestions on formation of such a panel.

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It also asked the Maharashtra State Electricity Distribution Company Limited (MSEDCL) to look into issues of three schools in Chhatrapati Sambhajinagar district including electricity cables/high tension wires passing through classrooms, DP being in the vicinity of the school posing problems, among others. The court will hear the PIL on April 5.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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