The Supreme Court on Monday heard the Muzaffarnagar student slapping case and asked the Uttar Pradesh government to ensure that a senior government officer spoke to the principal of the school in which the affected child's father was keen to get him admitted.
The court also asked the state government as to what was the need for the proposed committee to facilitate the victim's admission to a private school.
A bench of Justices Abhay S. Oka and Justice Pankaj Mithal resumed hearing the public interest litigation (PIL) filed by activist Tushar Gandhi seeking a proper investigation into the August incident, as aa video of a primary school teacher in UP's Muzaffarnagar instructing schoolchildren to slap their Muslim classmate, went viral on social media.
Additional Solicitor General K.M. Nataraj, appearing for the government, apprised the court that the investigation has been completed and charges under Section 295A (outraging religious feelings or insulting religious beliefs) of the Indian Penal Code and the Juvenile Justice (Care and Protection of Children) Act, 2015 added.
"The government's sanction for prosecution under Section 295A is awaited," he said.
The bench then asked the government to immediately decide the application for prior sanction under Section 295A.
On October 30, the court expressed its displeasure over the non-filing of response by the state Education Department to the incident.
The court had ordered the state government to depute a senior IPS official to conduct a probe into the allegations contained in the FIR.
"There cannot be any quality education if a student is sought to be penalised only on the ground that he belongs to a particular community," it had remarked.
As per the viral video, fellow students were seen slapping a 7-year-old at the behest of the teacher of a private school who referred to his faith in a derogatory manner.
The PIL filed in the Supreme Court sought directions for a time-bound and independent investigation in the incident and setting up guidelines for preventing violence against students belonging to religious minorities in schools.
The hearing was adjourned till Friday as the bench could not peruse the affidavit filed by the Education Department on Saturday.
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