Karnataka High Court quashes case against NCPCR chief for hurting religious feelings

Bengaluru: The Karnataka High Court has quashed proceedings against Priyank Kanoongo, Chairperson of the National Commission for Protection of Child Rights (NCPCR), for offences including trespass and acts intended to outrage religious feelings.

After submitting a report about the irregularities in the functioning of an orphanage in Bengaluru, Priyank Kanoongo had posted a tweet in Hindi which also said “The children are living a medieval Taliban life.” 

While quashing the proceedings, Justice M Nagaprasanna also observed that the officers should also encourage restraint as they are performing duties under the statute.

On November 19, 2023, the petitioner Priyank Kanoongo had conducted an inspection at the orphanage “Darul Uloom Sayideeya Yateemkhana”.

He sent a communication to the Chief Secretary to ensure registration of a FIR and sought an action taken report.

The report stated that the orphanage was unregistered and also housing 200 children and the functioning of the orphanage was in violation of the provisions of the Juvenile Justice Act.

Pursuant to his lengthy post in X (previously Twitter), one Ashraf Khan, who was running the said orphanage, files a complaint with the Devarajeevanahalli police.

A case was registered under IPC sections 447, 448 (for trespass) and 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

The petitioner contended that he was only discharging his duty as per section 13 of NCPCR Act as a monitoring authority and the offences of criminal and house trespass are unsustainable. Insofar as IPC section 295A, the petitioner claimed that the complaint has wrongly translated the tweet for it to become a crime.

When the court posed a pointed question, the counsel for the complainant Ashraf admitted that there were no words like ‘Taliban like terrorist activities taking place in madrasa’.

The court also noted that it was not a madrasa but only an orphanage. “The addition in the complaint is a clear mischief, which is likely to disturb the peace and tranquility and not by the statements made by the petitioner.

The act of the complainant is unpardonable but this court is holding its hands in not directing any coercive action against the complainant for the aforesaid act, while observing that the officers should also encourage restraint as they are performing duties under the statute,” Justice Nagaprasanna said.

The court further said, “The petitioner was performing his duties under the statute and in discharge of his official duty, visits the yateem khana /orphanage, finds illegalities and reports illegalities. The action of the public servants performing their duties under the statute and inspecting any premises can by no stretch of imagination be a criminal trespass or house trespass by those public servants performing their public duties, unless there are glaring facts otherwise present.”