"Calcutta High Court Rejects Plea to Dismiss Case Against Teacher Accused of Forcibly Celebrating 'Nabi Diwas' in School, Sparking Communal Unrest
In a recent development, the Calcutta High Court has declined the request to dismiss a case involving a school teacher charged with orchestrating a forceful celebration of 'Nabi Diwas' within the school premises, leading to a communal disturbance. The case centers around Sk. Reajul Hoque, also known as Sk. Riajul, and the incident occurred at Tehatta Balika Prathamik Vidyalaya, where Hoque was employed as an educator.
Justice Shampa Dutt (Paul), the single-judge presiding over the case, emphasized that the First Information Report (FIR) was registered on January 28, 2017, in Uluberia, Howrah district. The report stated that the petitioner-teacher and multiple Muslim students had engaged in unlawful assembly, rioting, and inflicting harm on a police officer who had intervened to halt the Nabi Diwas celebration due to the absence of proper authorization.
Justice Dutt noted that the incident unfolded between 6:00 am and 4:30 pm. However, the petitioner argued that he was not present on the school premises from 10:30 am to 7:00 pm. The court, however, pointed out the absence of an explanation for the time frame between 6:00 am and 10:30 am.
The judge stated, "But no explanation is there for the period from 6:00 am to 10:30 am. The case diary contains injury report in respect of the Police personnel, who sustained injuries in due course of carrying out their official duty to maintain law and order. Considering the nature of the offences alleged and materials on record, there appears a prima facie case against the petitioner to proceed toward trial."
Consequently, the court dismissed the plea made by the teacher, affirming the presence of adequate evidence to warrant further legal proceedings.
The incident revolved around the commemoration of Nabi Diwas at Tehatta Balika Prathamik Vidyalaya, which had been a source of communal and administrative unrest for a couple of months prior. Allegedly, students from the Muslim community had been involved in the celebrations, leading to disagreements between the school's management committee, teacher-in-charge, and authorities.
On January 28, 2017, around 6:00 am, a group of Muslim students reportedly assembled in front of the school premises without official authorization. Despite police intervention and requests to refrain from celebrating without proper authorization, the students continued. Outsiders also entered the school grounds, exacerbating the situation. The police were eventually able to halt the celebrations around 4:30 pm. However, a subsequent confrontation with local individuals resulted in an assault on the police force using sticks and rods, causing injuries to officers.
Consequently, an FIR was lodged against nine individuals, including the petitioner, at the Uluberia Police Station.
In response, the petitioner maintained his innocence, asserting that he had been present at the Uluberia Gram Panchayat office on the day of the incident, engaged in Panchayat Samiti duties. Evidence was presented to support his claim that he was occupied with 'Digital Ration Card' sorting from 1:40 pm to 7:00 pm.
Nonetheless, the court determined that the available evidence warranted the continuation of legal proceedings against the petitioner, thereby rejecting his plea to dismiss the case. Advocate Syed Nurul Arefin represented the petitioner, while Advocate Sujata Das appeared on behalf of the State."
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TAGS: Calcutta High Court teacher Nabi Diwas communal disturbance case FIR Uluberia Howrah district unlawful assembly rioting police officer authorization evidence legal proceedings Tehatta Balika Prathamik Vidyalaya Muslim students management committee altercation police intervention celebration assault injuries FIR Uluberia Police Station petitioner innocence Gram Panchayat office Panchayat Samiti 'Digital Ration Card' Advocate Syed Nurul Arefin Advocate Sujata Das.
