Uttar Pradesh Police were dealing with a case involving a Muzaffarnagar school teacher who allegedly spurred students into slapping a classmate as punishment and made a communal remark.
A division bench comprising justices AS Oka and Pankaj Mithal verbally observed that it had «serious objections» to the manner in which the probe was being dealt with by the UP Police. It ordered the UP government to nominate a senior IPS officer to head the probe into the case.
The court pointed out the «omissions» in the FIR registered by the police.
The bench noted that the father of the student had made a statement to the police alleging that his child was beaten up at the instance of the teacher due to his religion. It questioned the counsel of the UP government as to why this allegation was missing from the FIR.
The bench then cornered the government over a «video transcript».
It verbally remarked: «This is about quality education. Quality education includes sensitive education.
The manner in which it happened should shake the conscience of the state.» The state «must take responsibility» of the incident, the bench said.
The counsel for the government said the alleged communal angle was blown out of proportion. In response, the bench observed that the «teacher gave the mandate to beat the child because of his religion.
What kind of education is being imparted?»
Justice Oka went on to orally remark that «there cannot be any quality education if a student is sought to be penalised only on the grounds that he belongs to a particular community».
The bench said the IPS officer who would head the probe should examine whether the offence of hate speech under Section 153A of the Indian Penal Code is made out in the case. Also, whether an