Mumbai: The Bombay High Court on Tuesday reprimanded the Special Investigation Team (SIT), probing the sexual assault on two minors inside school premises in Badlapur, for its failing to apprehend the two school trustees who are accused in the case. The court questioned how the police, who usually go to any extent to nab an accused, was unable to trace the two trustees.
The trustees – chairman and secretary – are charged by the police for non-reporting of sexual abuse incidents to the police and negligence under relevant provisions of the Protection of Children from Sexual Offences Act (POCSO Act).
In August, a bench of Justices Revati Mohite-Dere and Prithviraj Chavan had taken suo motu (on its own) cognisance of the incident following which there were large scale protests in Badlapur leading to even rail blockade. Two girls – aged four and five years – were sexually assaulted inside the washroom of the school by a male attendant on August 13 and 14. However, the police registered a complaint only on August 16 after large scale protests. The attendant was hired on August 1.
The accused was subsequently arrested, but was killed in a police shoot-out on September 23, while being taken to Badlapur from Taloja jail. The two trustees were also named in the FIR.
State Advocate General Birendra Saraf informed the bench that the two accused are still absconding and have not been apprehended. He said that the two had sought pre-arrest bail from the high court, which was listed before another HC bench.
“The police go to any extent to nab an accused. How come they have not been able to apprehend these two? Are they waiting for them to get anticipatory bail?” the bench asked Saraf.
Saraf said that the police are taking all steps necessary to apprehend them. He also said that the state had strongly opposed the pre-arrest bail application in the Sessions Court, hence the same was rejected.
The court then asked the State to file an affidavit stating the action taken against the errant police officials, and kept the matter for hearing on October 23.
The HC had earlier directed the formation of a committee, which includes retired Justices Sadhana Jadhav and Shalini Phansalkar-Joshi, retired IPS officer Meera Borwankar, education professionals Sucheta Bhawalkar and Jaywanti Baban Sawant, psychiatrist Dr Harish Shetty, and Brian Seymour, President of ICSE and ISC preschools in Maharashtra and Goa. The committee was to provide suggestions for improving the safety of children in schools.
Saraf informed the bench that the committee was scheduled to meet today.
