A division bench headed by Naresh Patil was hearing a petition field by advocate and activist Abha Singh seeking an independent probe by state CID into the matter.
On Tuesday, Abha argued that Esther was abducted and raped and it took four days to register a complaint. “ This is gross violation of the Mumbai police manual. They (police) are trying to cover up. It is gross negligence and accountability should be fixed on police. If responsibility is not been fixed on police, cases like Esther will happen again and again,” she argued.
She also pointed out that CCTV camera of Lokmanya Tilak Terminus was not working on the day of the incident.
The Public Prosecutor however denied the allegations levelled by Abha and said that police acted in a proper manner. The court adjourned the matter to two weeks.
On December 24 last year, Esther, an employees of TCS Mumbai, went to Macchilipatanam for Christmas vacation with her parents. She returned to Mumbai on the night of January 5 and took an auto rickshaw from the Lokmanya Tilak Terminus in Mumbai but never reached home.
Esther’s brother and father came to Mumbai to lodge a missing complaint when they did not hear from her.
The MIDC Police Station, Andheri, did not register their complaint and told them to go to Kurla Railway Police Station.
However, when the matter was reported to Kurla Railway Police Station, they also did not register the complaint, and told that the matter be reported to Vijaywada police station in Andhra Pradesh.
According to the petition, the police’s failure to act timely resulted in abduction of the 23-year-old girl and then her death.
“Instead of registering FIR and looking into the case, police made Esther’s father run from one police station to another,” the petition said
“For the reason of delay of almost 11 days in registering the FIR since the abduction took place, valuable clues and evidence was lost. For this reason, as on this day, the case remains undetected, and a crime which would have got prevented by taking proper action duly prescribed under the rules contained in the Bombay Police Manual and other provisions of law, could not be prevented,” the petition said.