Expresses shock that only one girl’s statement was recorded, says suspension for lapses not enough
The Badlapur East police station. The cops recorded the statement of the second girl’s parent only after the court took suo motu cognisance of the case. Pic/Sayyed Sameer Abedi
The Bombay High Court, which took suo motu cognisance of the sexual assault of minor girls in a Badlapur school, harshly criticised the police and school administration during a hearing on Thursday. The court condemned the delay in reporting the incident to the police and the registration of the FIR. It expressed shock that the police recorded the statement of the second victim’s parent only after the court intervened. The court also rebuked the police for their lack of seriousness in a case where minors were sexually assaulted in a place that should be safe for students.
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During the hearing before the bench of Justices Revati Mohite-Dere and Prithviraj Chavan, the state was represented by Advocate General Birendra Saraf. The court was informed that the incident occurred on August 12 and 13, but the FIR was only registered on August 16. The bench inquired whether the statements of the minor girls had been recorded under Section 164 of the CrPC before a magistrate. The court was shocked to learn that only one girl’s statement had been recorded by the police, and the statement before the magistrate was still pending. It was also revealed that the statement of the second girl’s parent was recorded only after the court took suo motu cognisance of the case.
The court questioned why the school administration had not immediately reported the matter to the police and school administration was not booked in the case for its oversight, citing provisions under the POCSO Act. The state informed the court that a special investigation team (SIT) headed by Inspector General of Police Aarti Singh had been formed and would proceed against the school. The court expressed its anger, noting that the police had not performed their duties adequately. The state also informed the court that three police officers had been suspended in connection with the matter. However, the court emphasised that suspensions alone are not enough and expects the SIT to leave no stone unturned in holding those responsible accountable.
The court emphasised that the security of young girls cannot be compromised, criticising the tendency of state authorities to act only after public outrage. It noted the delay in registering the FIR and the school's failure to report the incident promptly. The court directed the SIT to submit a status report by August 27 and requested the case files to review the actions taken by the Badlapur police before the case was transferred to the SIT. The court also remarked, “If schools are not safe, then talking about the right to education is meaningless. It is deeply shocking that even four-year-old girls were not spared.”
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