Karnataka HC quashes case against apex child rights body chief over orphanage inspection remarks

PTI, Sep 18, 2024, 6:35 PM IST

Representative image (source: Wikimedia COmmons)

Bengaluru: The Karnataka High Court has quashed the case against National Commission for Protection of Child Rights (NCPCR) chairperson Priyank Kanoongo, who was accused of trespassing into a Muslim orphanage and comparing its conditions to life under the Taliban.

The prosecution was dismissed by a single judge bench of Justice M Nagaprasanna, and a detailed order is awaited. The case stemmed from a visit by Kanoongo and his team to Darul Uloom Sayideeya orphanage here on November 19, 2023. Following the visit, the orphanage’s secretary, Ashraf Khan, filed a complaint, leading to charges under Sections 447, 448, 295A, and 34 of the Indian Penal Code on November 21, 2023.

The complaint alleged that Kanoongo entered the orphanage without permission, took photographs and videos, and posted comments on social media comparing the conditions to those under Taliban rule.

In its oral observations, the court referred to Kanoongo’s tweet, noting that it was metaphorical and not intended as a reference to terrorism.

Justice Nagaprasanna remarked that the tweet could not be interpreted as a criminal offence even in defamation cases, and criticised the complainant’s inaccurate translation of the online post.

The complainant’s counsel acknowledged the error and did not pursue the trespassing allegation, with the court affirming that government officials are authorised to conduct inspections.

Regarding the charge under Section 295A, which deals with actions intended to outrage religious sentiments, the court raised concerns about whether government officials should be tweeting about their official duties.

While allowing Kanoongo’s petition, the court emphasised that public officials should exercise caution in sharing such observations on social media, advising that official reports should remain focused on factual findings rather than personal commentary.