TODAY -
Those who don't participate in Republic Day celebrations are not criminals, observes Court
Teachers triumph
Source: Hueiyen News Service

Imphal, January 30 2009: FIVE PRINCIPALS and two lecturers of government Higher Secondary Schools, who were arrested by police on various charges of sedition, criminal intimidation, criminal conspiracy and association with terrorist organisations on January 27, were released on bail today by the Court of Chief Judicial Magistrate, Imphal on personal release bond of Rs 40,000 each without surity.

The seven teachers, who were released on bail following a ruling made by Chief Judicial Magistrate, Imphal, M Padmeshwor, are Principal of TG Higher Secondary School, Smt Chingtham Padmabati, Principal of Ibotonsana Higher Secondary School, Smt Yumnam Ibetombi, Principal of Johnstone Higher Secondary School, Smt Sagolsem Khomdonbi, Principal of CC Higher Secondary School, Smt Yanglem Nongallei, Principal of Ram Lal Paul Higher Secondary School, Smt Laishram Rashi, Science Graduate teacher, Chingshubam Debendra and Physical Education Teacher Thokchom Tomba of Ram Lal Paul Higher Secondary School.

Following a written complaint lodged by Additional Secretary, Education (S), M Hare Krishna with the Imphal Police Station, the seven teachers were arrested by police under IPC Sections 124-A,341, 506, 120 B and Section 18 and 39(2) of UA(P)A Act, 2008.The arrested teachers were remanded in police custody for three days, and were produced before the Court of Chief Judicial Magistrate, Imphal today.

The Assistant Public Prosecutor, on behalf of the Imphal Police Station, prayed the Court to give further remand of the teachers in police custody since they themselves have admitted the charge levelled against them that they had said that they would not participate in the Republic Day celebrations held on January 26 .

However, counsels of the teachers, Advocate Khaidem Mani and Advocate N Binodini argued that detention of the teachers was unreasonable and urged the Court to release them.

After listening to the learned counsels of both sides, the Chief Judicial Magistrate, Imphal observed that the Prosecution has not produced any evidence to substantiate the charges of sedition, criminal intimi-dation, criminal conspiracy and association with terrorist organisations levelled against them for having said that they would not participate in the Republic Day celebrations.

The Court further observed that even though the principals of the Higher Secondary Schools had informed the Department of Education(S) that they had been intimidated by the underground insurgent groups not to participate in the Repulic Day celebra-tions, there is no information about the authority assuring them of providing security escorts.

Although the Depart-ment asked them to participate, the non-participation of the teachers can't be considered criminal liability, the Court ruled, and added that not participating in a State function is not an offence.

It can't be considered that non-participation in such a function due to fear is an act of support to the insurgents.

However, it is not necessary for the Court to discuss the Departmental procedures taken against the teachers for having said that they would not participate in the Republic Day celebrations, observed the Chief Judicial Magistrate, Imphal.

After giving the observations, the Court ordered release of the five principals and the two lecturers as the charges levelled against them lacked substantiating evidences, on personal release bond of Rs 40,000 each without surity.

Many teachers and well-wishers greeted and garlanded the seven teachers as soon as they came out of the Court.

Later, the All Manipur Higher Secondary School Lecturers' Welfare Association organised a reception function for the seven teachers at Ibotonsana Higher Secondary School.


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