Mumbai: The Bombay High Court has questioned the Special Investigation Team (SIT) on efforts taken by it to nab the two absconding accused in the Badlapur incident where two minors were sexually assaulted in the school premises.
The court also frowned on the SIT, set up by the government to probe the case, for not maintaining the case diary properly. As per the law, the police has to maintain a case diary in which it writes in detail the steps taken by them while probing a case.
The court also asked the SIT to make the case watertight before filing of the chargesheet, adding that the case should be a precedent for all such future incidents. The bench remarked that there was strong public opinion in the case and against the police. “You are dealing with a larger canvas with stronger outburst of the public. Public is watching and what message we are giving is important,” a bench of Justices Revati Mohite-Dere and Prithviraj Chavan said.
Hence, the court said, SIT was formed to probe the case properly, the bench said. State Advocate General Birendra Saraf assured the court that “no one is being protected”. He said that the chargesheet in the case would be filed shortly.
“Don't do it in haste. Ensure it is properly investigated. Before the chargesheet is filed ensure everything is in order. Make a watertight case," HC said. It added: “Therefore we are saying don't file chargesheet hurriedly. There is still time. Don't go by public pressure. Investigation has to be done properly before chargesheet is filed.”
After going through the case diary, the bench noted that it was stereotyped and bereft of detailed steps taken to trace for absconding accused. “The efforts are not reflected in the case diary. Stereotype words used in case diary. We are not satisfied with the way investigation is conducted with regard to the detailing (in the case diary). We do not see any concrete steps," the bench remarked.
Saraf informed the court that the State had formed a committee to look into the aspect of safety and security of girls in schools. The bench then said the scope of the committee should be expanded to include boys too.
”The committee will look into the safety and security of children in schools. We will keep it gender neutral. Not just girls, boys too. Just because it is a boy child it is not that nothing untoward will happen,” the bench underlined. The court has asked the state to include retired IPS officer Meeran Borwankar in the committee and also a retired HC judge — either Sadhana Jadhav or Shalini Phansalkar-Joshi.
The judges reiterated the importance of educating boys and sensitising them. “Education of boys is important. Bete ko padhao, beti ko bachao (Educate the boy and save the girl),” Justice Dere remarked.
Saraf informed the bench that the Directorate of Forensic Science Laboratory, Mumbai, has taken cognisance of the delay in taking samples in POCSO cases. Hence, they have ensured that the samples in POCSO cases will be dealt expeditiously with expeditiously.
Also a circular was issued on September 2, wherein it is emphasised that girl victims would be examined by a lady doctor only. The court then said that the private doctors too must be made aware of the provisions of the POCSO Act which states that they cannot refuse to examine the girl child if the victim is taken to private hospital.
The HC has kept the matter for hearing on October 1. The bench had last month taken suo motu (on its own) cognisance of the incident where two minor girls were sexually assaulted inside the washroom of their school by a male attendant on August 12 and 13. The FIR in the case was registered only on August 16.
