"If the manhole was visible and the teacher had sent the boy, then he could have been made liable," a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said while questioning the counsel for the Delhi Police over its move to prosecute the teacher.
"Why did you (police) not charge the parents for sending the child to school," the miffed bench said after it was informed about the police action in the case .
The court said that it failed to understand how police could prosecute the teacher, accompanying the children to a picnic, and how he or she was supposed to know about the existence of an uncovered manhole in the park.
Terming the incident as "unfortunate", the bench observed that the parents of the child are already suffering, and "now you want to ruin the family of the teacher booked in the case".
The court had earlier directed the authorities to ensure that such incidents do not recur and had asked them to file an affidavit regarding the preventive measures.
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