Indore, Nov 13 (PTI) The Madhya Pradesh High Court on Wednesday directed that a contempt of court notice be issued to the Indore police commissioner for failing to file a report regarding an incident where minor girl students were allegedly strip-searched by a teacher.
A division bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari also asked the police commissioner to remain present at the next hearing on November 25.
On August 2, when a mobile phone rang in the classroom at a government-run girls' higher secondary school, the teacher allegedly took at least five girls to the toilet and strip-searched them to find the device.
Their parents then lodged a complaint with Malharganj police station.
The court, in response to a Public Interest Litigation filed by activist Chinmay Mishra, had on August 30 asked the police commissioner to examine if provisions of the Protection of Children from Sexual Offences Act could be invoked against the accused, and submit a report within a month.
"The said order has not been complied with. Let a show-cause notice be issued to Police Commissioner, Indore as to why contempt proceedings may not be initiated against him for noncompliance. 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 Wednesday's order stated.
A case has been registered against the teacher under Bharatiya Nyaya Sanhita sections 76 (assault or criminal force to woman with intent to disrobe) and 79 (act done with intent to insult the modesty of woman) as well as section 75 (cruelty to children) of the Juvenile Justice (Care and Protection of Children) Act, a police official said.
Preliminary investigation found that the teacher had no "sexual intent" while conducting the strip-search, hence POCSO sections were not added, he said.