HC stays probe into presence of schoolchildren at PM roadshow

The Madras High Court on Monday stayed the investigation being conducted by the Coimbatore police against the management of a private school for having taken 32 students, in uniform, to Prime Minister Narendra Modi’s roadshow in the city on March 18.

Justice G. Jayachandran granted the interim stay after AdvocateGeneral P.S. Raman sought time to file a detailed counteraffidavit to a petition filed by school headmistress S. Pukal Vadivu for quashing the First Information Report (FIR) registered on March 19.

The FIR was filed following a complaint from District Child Protection Officer (DCPO) Pavithra Devi, who had conducted an inquiry on coming to know

The court granted the interim stay after AdvocateGeneral P.S. Raman sought time to file a detailed counteraffidavit to a petition filed by the school headmistress

about the children’s presence at the roadshow through media reports, and a communication from an Assistant Returning Officer.

The AdvocateGeneral said an important question — whether the act committed by the school management would attract the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 — had to be decided, and hence, the prosecution might be granted time to file a counteraffidavit.

He said that the penal provision could be invoked against any person who exposes or wilfully neglects a child in a manner that is likely to cause the child mental, physical suffering.

Pointing to the use of the word ‘likely’ in the provision, Mr. Raman said that not only a real or imminent threat but also a potential threat could be a reason to invoke the provision, especially when the schoolchildren had been taken to the roadshow without the consent of their parents.

The AdvocateGeneral also said the investigating officer was in possession of aerial photographs showing the presence of the headmistress and two teachers, along with the children, when the Prime Minister’s convoy passed by them.