ECI rule prohibits school children in political rallies: TN tells Madras High Court on PM Modi road show

Rules compiled by the Election Commission of India (ECI) indicate that school children in uniform should not have been taken to Prime Minister Narendra Modi's road show on March 18, argued the Tamil Nadu government today before the Madras High Court. .The submission was made by Tamil Nadu's Advocate General PS Raman before Justice G Jayachandran in response to a petition to quash a case filed against a school principal for taking students studying in a Coimbatore school to the road show. ."The Election Commission of India has issued a complete, comprehensive compendium on the Model of Code of Conduct and has prohibited the presence of school children in any kind of political rallies," AG Raman told the Court on Monday (April 8), while making brief submissions. .On AG Raman's request, the matter was adjourned today by two weeks so that the State government can filed a detailed counter-affidavit on certain aspects. The AG also said that the interim protection earlier granted by the High Court (on March 28) to the accused school management be extended till then. Accordingly, the Court stayed the investigation in the case until further orders and posted the matter for final hearing on April 24. .The Court was hearing a petition filed by S Pukul Vadivu, the principal of a school in Coimbatore. She has urged the Court to quash a case filed against her on several charges including under Section 75 of the Juvenile Justice (Care and Protection of Children) Act (JJ Act), following a complaint made by one Pavithra Devi, a District Child Protection Officer, who alleged that the school had forced its students to attend the roadshow featuring Prime Minister of India and Bharatiya Janata Party (BJP) leader, Narendra Modi. .On April 5, the Court questioned the necessity of filing of such a case. Justice Jayachandran asked the Coimbatore Police to file a written reply by April 8 explaining how the “mere presence of schoolchildren in uniform” during the roadshow necessitated the registration of a criminal case against the school management..Why presence of students at PM Modi’s roadshow warrants FIR against school? Madras High Court to Police.The State authorities were represented by AG Raman today, who told the Court that Section 75 of the JJ Act (under which the school principal has been booked) contemplates not only protection of children against "real or imminent" harm, but also "potential" harm. Raman noted that the legal question before the Court, as put forth by the accused as well, is whether just the act of taking the children to the road show by itself can be an offence under the JJ Act. He added that Section 75 of the JJ Act could come into play even if the child is exposed to "potential harm."He noted that the facts of "how and when" the children were taken to the road show is under some dispute. A headmistress, in an explanation, is reported to have said that the children were only at the road show at 4.10 PM, while PM Modi arrived only around 6 PM. On the other hand, AG Raman said that the police have aerial footage of all 32 students being present at the road show when PM Modi was crossing. At the time, there was also a stampede on the other side of the road show although, fortunately, no harm was caused to the students. All the same, Raman said that the question was whether the children had been exposed to any potential harm. "The answer your lordship gives may tomorrow affect not only politicians. Tomorrow a cricketer or cinema actor could also come, and children may be taken to see that. This is a larger issue which your Lordship will definitely have to debate," he added. .The matter will be heard next on April 24.