The Indore bench of the Madhya Pradesh High Court has issued a show-cause notice to the Police Commissioner of Indore for failing to comply with a previous court order regarding an investigation into misconduct by a government school teacher.
The notice was issued by a bench comprising Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari, following an incident where the teacher allegedly forced minor female students to remove their clothing during a search for a mobile phone.
The case, brought as a public interest litigation (PIL) by social activist Chinmay Mishra, argued that the teacher's actions amounted to physical assault and violated the children's dignity.
An FIR was filed on August 15, 2024, under Sections 76 (Assault or use of criminal force to a woman with intent to disrobe) and 79 (Word, gesture, or act intended to insult the modesty of a woman) of the Bhartiya Nyay Sanhita, along with Section 75 (Punishment for cruelty to a child) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The court was informed by the petitioner’s counsel, Advocate Abhinav Dhanodkar, that an earlier order, issued on August 30, 2024, directed the Police Commissioner to review the case under the Prevention of Children from Sexual Offences (POCSO) Act, 2012, and submit a report to the court’s Registry within one month. However, this order had not been complied with.
The state, represented by government advocate Bhuwan Gautam, stated that the investigation was ongoing and a final report would be filed under Section 173 before the appropriate court. Despite this, the court expressed dissatisfaction with the Police Commissioner's lack of action and directed that a show-cause notice be issued, questioning why contempt proceedings should not be initiated for non-compliance with the court's directive.
“Let a show-cause notice be issued to the Police Commissioner, Indore as to why contempt proceedings may not be initiated against him for non- compliance of the aforesaid order dated 30.08.2024. An affidavit to this effect shall be filed within a week and Police Commissioner, Indore is directed to remain personally present before this Court on the next date of hearing,” the court ordered.
The matter has been scheduled for further hearing on November 25, 2024.
Cause Title: Chinmay Mishra vs. The State of Madhya Pradesh and Others [WP No. 23250 of 2024
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