Calcutta High Court refuses to quash case against teacher accused of forcefully celebrating Nabi Diwas in school leading to riots

The Calcutta High Court Thursday refused to quash a case lodged against a school teacher accused of forcefully celebrating 'Nabi Diwas' in the school premises along with several Muslim students thereby creating communal disturbance [Sk. Reajul Hoque @ Sk. Riajul vs State of West Bengal]. .Single-judge Justice Shampa Dutt (Paul) noted that the First Information Report (FIR) registered on January 28, 2017 in Howrah district's Uluberia stated that the petitioner-teacher and several other Muslim students resorted to unlawful assembly, rioting and injuring a public servant (police officer), who had tried to stop the celebration of the 'Nabi Diwas' as there were no prior permission for the same.The bench noted that the incident took place between 6:00 am till 4:30 pm, however, the petitioner contended that he was not present in the school premises between 10:30 am to 7:00 pm.But the Court noted that there was no explanation for the period between 6 am and 10.30 am."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," the bench held.The bench, therefore, dismissed the plea filed by the teacher..The issue pertained to the celebrations of Nabi Diwas in Tehatta Balika Prathamik Vidyalaya, where the petitioner worked as a teacher.As per the prosecution, a communal and administrative disturbance was going on since last two months in and around the school over the celebration of Nabi Diwas by students from Muslim community.It was further alleged that the managing committee and the teacher-in-charge of the said school were constantly raising objection to the celebration of 'Nabi Diwas,' over which many administrative meetings were held in different offices but no fruitful result was achieved.On January 28, 2017 at about 6:00 am, without any prior permission from any authority, Muslim students formed an unlawful assembly in front of the school. When the police got information about the same, they reached the spot and requested the students not to celebrate without getting any order from the appropriate authority. However, they did not pay any heed. Thereafter, it was alleged that some outsiders entered the school premises and provoked the Muslim students. The police officers requested all the students and outsiders not to create any communal disturbance and ultimately at about 4:30 pm the police party managed to stop the celebrations.However, some local people again provoked the students and it led to an assault on the police party with lathis and rods as a result of which some police personnel sustained injuries.Accordingly, an FIR was lodged at the Uluberia Police Station against nine men including the petitioner.On the other hand, the petitioner claimed to be innocent. He contended that on the day of the incident, he was present in the office of the Gram Panchayat in Uluberia since he is an elected member of the Panchayat Samiti. He even adduced evidence to show that he was present in the Panchayat Office for 'Digital Ration Card' sorting on the relevant day from 1:40 pm to 7:00 pm..The Court, however, found that the material on record was sufficient to prosecute the petitioner and, therefore, rejected his plea to quash the case..Advocate Syed Nurul Arefin appeared for the petitioner. Advocate Sujata Das represented the State..[Read Judgment]