The Madhya Pradesh High Court has refused to quash an FIR registered against four former office-bearers and staff of a school in Damoh accused of forcing girl students to wear hijabs and adopt specific religious practices.
Refusing relief, a bench of Justice Himanshu Joshi on Friday observed that specific allegations of coercing students through threats could not be termed baseless and must be determined on evidence.
He dismissed petitions filed by former school office-bearer Shailendra Kumar Jain, Abdul Wasim Bari, teacher Anas Athar and peon Rustam Ali, who had sought quashing of the first information report (FIR).
The case relates to Ganga Jamuna Higher Secondary School in Damoh, where the government had ordered an inquiry after a poster showing Hindu girl students wearing hijab came to light in May 2023.
Following complaints from students, the district collector constituted an inquiry committee, and based on its findings, a case was registered under sections 295-A (deliberate and malicious acts intended to outrage the religious feelings of any class of citizens), 120-B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code and provisions of the Juvenile Justice Act and the Madhya Pradesh Freedom of Religion Act, 2021.
It was alleged that wearing hijab, reading of namaz andthe Urdu language were made mandatory at the school, while sporting a tilak and kalava were prohibited.
The court noted that the FIR contained specific allegations that students were allegedly made to follow a particular dress code and religious practices against their wishes through threats and pressure.
The allegations against the petitioners could not, therefore, be termed prima facie baseless, the court held, adding that their veracity would have to be determined based on evidence.
Police have already filed a chargesheet in the case.
