Students strip search case: Madhya Pradesh High Court issues contempt notice to Police

The Madhya Pradesh High Court has issued a contempt of court notice to the Indore Police Commissioner over his failure to submit a report on why POCSO charges were not added to a case filed against a teacher for allegedly strip-searching five female students [Chinmay Mishra vs. The State of Madhya Pradesh and Others].

The Bench comprising Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari has directed the Police Commissioner to appear personally before the Court on November 25 to explain why contempt proceedings should not be initiated against him.

“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 November 13 order said.

The Court was hearing a Public Interest Litigation (PIL) filed by social activist Chinmay Mishra, who drew attention to an incident in which a teacher allegedly strip-searched five female students in an effort to locate a ringing mobile phone. The teacher is said to have forced the students to remove their clothing.

On August 9, the Court ordered the State to register the case against the teacher.

The State later informed the Court that a First Information Report (FIR) has been filed against the teacher under Sections 76 (assault or criminal force to woman with intent to disrobe) and 79 (act done with intent to insult the modesty of woman) of the Bharatiya Nyaya Sanhita, 2023. Further, the teacher was also booked under Section 75 (cruelty to children) of the Juvenile Justice (Care and Protection of Children) Act, the Court was told.

On August 30, the Court also asked the police to explain why charges under the Protection of Children from Sexual Offences Act (POCSO Act) have not been added in the criminal case registered against the teacher.

The Court asked the Police Commissioner of Indore to examine the applicability of the POCSO Act in this case and file a report within a month.

However, the Indore Police Commissioner failed to comply with this August 30 directive, leading to the present contempt notice. The matter will be heard next on November 25, when the senior police official is expected to personally appear before the Court.

Advocate Abhinav Dhanodkar appeared for petitioner, while government advocate Bhuwan Gautam represented the State.

[Read Order]