Mumbai: The Bombay High Court criticised the Mumbai police and the State police for failing to take prompt action in probing crime against women and children thereby giving an upperhand to the accused leading to their acquittal. The court also questioned if the police act in such an insensitive manner in probing such cases then where should the poor women and children go.
The court summoned the State Advocate General Birendra Saraf and emphasised that, on a daily basis, it heard several cases related to crime against women and children in which allegations of improper investigation by the police. “Everyday we come across at least three to five cases where investigation is not done properly. (If) Out of 100 cases we see improper investigation in 80 (cases) then nothing is fine. Then we need to revamp the entire system then,” a bench of Justices Ajey Gadkari and Neela Gokhale said.
“You please tell us where the poor, hapless woman should go then? She's a victim if this is the State of affairs, where should the women go?” the bench questioned. Saraf assured the court that proper steps will be taken now and mistakes will be rectified.
The bench was, however, unconvinced and said: “Your entire system needs a shaking. There is a systematic collapse. Maharashtra is supposed to be the most progressive and safest place for girls when compared to other States.”
The court has summoned Saraf after it heard five cases in which it noted a shoddy probe by the police. The court said it has first directed a senior police inspector, then ACP, then DCP, then Additional CP and finally Police Commissioner to file affidavits. Ultimately it has asked the State Additional Chief Secretary to file affidavits, but it is not satisfied with any the same.
The court was dealing with the outraging modesty of a woman where the accused had torn her clothes in the market. The police justified not seizing the torn clothes, as evidence, stating that she had not brought spare clothes. Another case the court dealt with was regarding stalking of a medical student wherein her ex-boyfriend uploaded her objectionable photographs on social media. The woman had not left her house out of fear.
The court also took exception to a case being probed by a constable, who was subsequently suspended. But the advantage had already gone in favour of the accused. “Either it is neglect or lack of integrity. The senior officers give the case for investigation to the constables. So either the officer doesn't want to do his job or just wants to help the accused. State isn't serious enough,” the bench underlined.
The bench underscored that the first interface of a citizen in distress is with the police and if the police show insensitivity or incompetence, then the citizens won't be able to go anywhere to report their grievances.
After the court rapping, accused in cases relating to outraging the modesty of women withdrew their pleas seeking quashing of the cases against them. The police assured the HC that it will provide security to the medical student so that she could step out of her house and appear for the exams.
