The school Principal’s chamber is a ‘public place’ as contemplated underneath Part 294 (Obscene acts and songs) of the Indian Penal Code (IPC), the Nagpur bench of the Bombay Excessive Court docket has mentioned.
The excessive court docket has restored an order of the Justice of the Peace court docket in Murtizapur, Maharashtra, issuing course of towards a university principal for offences underneath Sections 294 (obscenity), 504 (intentional insult to impress breach of peace) and 506 (felony intimidation) of the IPC.
Principal’s motion an obscene act: Court docket
Justice Anil Pansare remarked that obscene phrases allegedly uttered by the Principal to his colleagues inside his chamber in entrance of three different professors would quantity to an obscene act.
Restoring the case, the HC mentioned: “The Classes Court docket, nonetheless, took an misguided view that the Principal’s Chamber isn’t a public place.”
“As regards public place, the act has been dedicated within the Respondent No.2’s Chamber, which is located within the Faculty premises. The Faculty premises is admittedly a public place, as the scholars, lecturers, employees and different such individuals linked with the Faculty have entry to the constructing, during which the Chamber of the Principal is positioned. In that sense, the Chamber of the Principal could possibly be mentioned to be a public place,” the court docket added.
The court docket was listening to a plea by a librarian towards the Akola Classes Court docket’s order which had discovered the principal not responsible and put aside the Justice of the Peace’s order.
Principal abuses petitioner in presence of employees
On November 11, 2020, the faculty principal allegedly abused the petitioner utilizing obscene language in his chamber, the place three different employees members have been additionally current.
The librarian filed a grievance however the investigating officer had registered a non-cognizable offence. He then approached the Justice of the Peace court docket, which took cognisance of the grievance and issued a course of towards the principal.
On the principal’s attraction, the classes court docket put aside the Justice of the Peace’s order stating that the principal’s chamber was not a public place and no video proof was positioned on report by the librarian.
The librarian then approached the HC towards the classes court docket order.
The HC noticed that the faculty premises the place the Principal’s chamber is positioned is a public place accessible to all. It additionally famous that the petitioner had submitted a pen drive containing video proof of the incident.
“Within the current case, abusive phrases uttered by the Respondent No.2 are…. This act may be mentioned to be an obscene act. The act dedicated may be mentioned to be an obscene act dedicated to the annoyance of the others,” the HC famous.
