The Kerala High Court, quashing a case against a school teacher for allegedly beating a student in her class, pointed out that teachers are now working under threat of a criminal case being registered against them. The court’s observation came as it took up the petition of a teacher, booked under Section 75 (cruelty to child) of the Juvenile Justice Act and IPC’s Section 324 (voluntary causing hurt by dangerous weapons or means) for beating a student.

Quashing the case, the court pointed out that the case against the teacher was that she beat the student after noticing that he was sitting with his leg placed on top of the desk. It also said that the student himself admitted in his statement that he called the teacher an abusive word. Following this, the teacher beat him with a stick and sent him out of the class. “Now, as I could notice, teachers are in a world of fear, to deal with the students, apprehending registration of criminal cases and detention from behind bars. The teachers are imparting education bearing fear in mind that what to do or what not to do. Some of the students are in the habit of not respecting the teachers and every therapeutic restorative instruction given by the teachers and punitive steps taken by the teachers with bona fide intention as part of their duty, are given the colour of serious non–bailable offence with a view to detaining them in custody,” the bench said.

After making this point, the court cited the story of Drona and Ekalavya where Ekalavya gave his thumb, an organ important for his skill, as ‘gurudakshina’, as it lamented that in the technologically advanced developed world, the teacher-student relationship has become ‘upside down’. It held that the teacher did not do anything intentionally to cause unnecessary mental or physical suffering to the student as it quashed the case against her.

–IANS

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Voicing concern over continuing crimes and alleged police inaction, Andhra Pradesh Deputy Chief Minister Pawan Kalyan said on Monday that if he takes over as state Home Minister, the situation would be very different. The Jana Sena leader also called for emulating Uttar Pradesh Chief Minister Yogi Adityanath to deal with the criminals.

He was speaking after inaugurating a science lab at Gollaprollu in Kakinada district. The actor-turned-politician expressed concern over the rapes and other crimes and reminded Home Minister V. Anitha and the police of their responsibility. “If I take responsibility for the Home Ministry, the situation will be different,” said Pawan Kalyan, who handles the portfolios of panchayat raj, forests and environment.

The Deputy CM also remarked that if the current situation continues, he must take responsibility for the Home Ministry.

Pawan Kalyan found fault with the police for not taking action in rape cases and asked what they were afraid of. “I don’t understand why the police are afraid. If you don’t have the courage, why are you in the police force? What are the political leaders and MLAs for? Are they just there to seek votes? Don’t they have a responsibility? It’s not that I can’t ask the Home Ministry and take that responsibility. If I take responsibility, the situation will be different,” he said.

He also stated that there is a need to adopt an approach like that of Uttar Pradesh Chief Minister Yogi Adityanath in dealing with criminals. The Deputy Chief Minister attributed the present situation to the previous government’s inaction, calling it a legacy of the YSR Congress Party government.

Pawan Kalyan said in the last five years, 30,000 women went missing, but the Chief Minister did not speak. He said police were silent when the wife of the present Chief Minister was abused, and criminals threatened to kill him and harm his family members.

The actor-turned-politician said he told police officers many times that criminals have no caste or religion. “They say if they arrest a person, there will be a caste problem,” he said. Pawan Kalyan said he has made it clear to police that they should not act like they did during the previous regime.

–IANS

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On 13 June 2024, the Madras High Court sentenced a former locomotive pilot to six months of simple imprisonment under the Contempt of Courts Act, 1971, for making scandalous allegations against a Supreme Court judge and three High Court judges.

A Division Bench consisting of Justices M.S. Ramesh and Sunder Mohan found PU. Venkatesan from Mogappair, Chennai, guilty of criminal contempt. They imposed the maximum punishment, noting his lack of remorse and disruptive behaviour in court, where he loudly accused the judges on the Bench of being “criminals.”

The contempt proceedings began suo motu in 2020 after Venkatesan posted defamatory statements on Facebook targeting several Supreme Court and district judges. Following this, he continued to send letters containing false allegations to Justices Ramesh and Mohan after they started hearing the 2020 case in April this year.

On 22 April 2024, when Venkatesan was summoned for the framing of charges, he submitted a sub-application requesting permission to record court proceedings on his mobile phone. He again made baseless accusations against the Division Bench judges in his petition. Additionally, he included a letter addressed to the Chief Justice of India dated 17 April 2024, which contained derogatory comments about Justice M.M. Sundresh of the Supreme Court, and Justices Ramesh, N. Anand Venkatesh, and Mohan of the High Court, along with their photographs.

When questioned by the Division Bench if he stood by the claims made in his letter, Venkatesan affirmed and provocatively challenged the judges to take action. He raised his voice and questioned the court’s procedures, prompting the Bench to initiate a second suo motu contempt proceeding for interfering with the administration of justice. During this hearing, Venkatesan again called the judges “criminals” and urged them to issue any order they wished.

The Bench documented that Venkatesan was given ample opportunity to explain his position. “Despite these opportunities, he dared us to pass any order and referred to us as criminals in front of the entire legal community and court staff,” the judges stated.

The judges further expressed their view that Venkatesan’s conduct was not only contemptuous towards them but also towards the entire justice system. His lack of remorse and his defiant challenge to the court were noted.

Upon ordering the arrest of Venkatesan, the judges instructed Additional Public Prosecutor E. Raj Thilak to ensure the presence of the High Court police station Inspector in court. The Inspector was then directed to immediately take Venkatesan into custody and transfer him to the Superintendent of the Central Prison at Puzhal to serve his sentence.

(with inputs from The Hindu)

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