A Mumbai court has imposed a six-month rigorous imprisonment sentence on twelve former members of the Bhartiya Vidyarthi Sena, which is the student wing of the now-divided Shiv Sena. This decision follows their involvement in the assault of a municipal school teacher in 2010, where black ink was smeared on the teacher’s face. The incident reportedly occurred at a municipal school located in Mulund, Mumbai, after the teacher was allegedly accused of beating a student a few days prior.

Sessions Judge KM Jaisingani commented on the nature of the offence, highlighting that smearing ink on a teacher constitutes a serious violation. He articulated that leniency in this case could send misleading signals to society regarding the treatment of educators. The court underlined the essential role teachers play in shaping the future and deemed the assault as particularly severe due to its context within the educational environment.

Assault and Damage During the Incident

The case originated from a complaint lodged by the victim, Prakash Bapu Salgar, who is a teacher. According to prosecution details, on August 20, 2010, a group of ten to twelve individuals entered the school premises and demanded Salgar’s presence in the headmaster’s office. Allegedly, they assaulted him physically using sticks, fists, and kicks, in addition to smearing black ink on his face. The in-charge headmaster, Milind Channe, attempted to intervene but was reportedly pushed away during the chaos. Furthermore, the assault led to damage of furniture and a window within the office.

Charges against the accused included assault and entering the school with an intention to cause harm. However, the court acquitted them of other charges such as wrongful confinement, criminal intimidation, and intentional insult. The decision to acquit was based on various factors presented during the trial.

The accused denied the allegations and claimed that they were falsely implicated in the case. Their defence argued that Gawai, a divisional coordinator of the Bhartiya Vidyarthi Sena, had previously prepared a representation demanding action against Salgar for the alleged misconduct towards a student. The defence also pointed out procedural delays in recording witness statements and other issues, such as the lack of CCTV footage and discrepancies found in medical records.

Court Findings and Ruling

The court dismissed the defence arguments, stating that the testimonies of Salgar, Channe, and another eyewitness firmly established the occurrence of the assault. It noted that the lack of a test identification parade did not weaken the prosecution’s case, as the victims had identified the accused both during their arrest and subsequently in court.

The court remarked that the accused had the option to pursue their grievances through appropriate legal channels if they believed that action against the teacher was warranted. It emphasised that, despite any perceived injustices, the law does not authorise individuals to form an unlawful assembly to perpetrate violence. It reiterated that both Salgar and Channe hold the status of public servants, and the assault on them occurred while they were carrying out their official responsibilities.

In conclusion, the court determined that the actions of the accused were aimed at deterring the teacher from performing his duties effectively, which constituted a serious breach of the law. The ruling underscores the importance of maintaining respect and safety within educational institutions.

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