"Prima Facie Failure": Supreme Court Slams UP Police Over Delay in Student Assault Case

The Supreme Court has criticized the Uttar Pradesh police for the delayed registration of an FIR and the omission of communal allegations in a case where a Muslim student was repeatedly slapped by his classmates on the teacher's instructions in Muzaffarnagar.

Justices Abhay S. Oka and Pankaj Mithal noted that there was a 'prima facie failure' by the state government to comply with the Right to Education Act, which prohibits the physical and mental harassment and discrimination of students based on religion and caste.

Describing the incident as 'very serious,' the court said a teacher instructing students to assault a classmate based on their community amounted to the worst form of teacher-administered physical punishment. The court questioned whether this could be considered quality education and directed the state government to take responsibility for the victim's education.

Expressing displeasure over the delay and initial non-cognizable report, the court noted that an FIR was registered almost two weeks after the incident but did not mention the communal targeting allegations raised by the victim's father.

The Supreme Court had previously issued a notice to the Superintendent of Police, Muzaffarnagar, directing a report by September 25 on the FIR's status. This order stemmed from a writ petition filed by social activist Tushar Gandhi, Mahatma Gandhi's great-grandson, following the circulation of a viral video showing a school teacher making communal remarks and encouraging students to repeatedly assault a seven-year-old boy from the minority community.

Author: Anushka Taraniya

News Writer, MIT ADT University