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.
Source: Barandbench
