Badlapur assault: ‘Extremely shocking’, says HC; raps cops for not filing FIR against school

The Bombay High Court on Thursday (August 22) made strong observations against the police over the sexual assault on two kindergarten students in Maharashtra and questioned the need for education if schools were not safe.

“What kind of situation is this... this is extremely shocking," Justice Revati Mohite Dere and Justice Prithivraj Chavan said, as they took suo moto cognisance of a public interest litigation regarding the crime in a school in Badlapur town.

'What's the point of right to education?'

“If schools are not a safe place... then what is the point of talking about 'right to education'?” the judges asked pointedly.

The court had taken suo motu cognisance of the incident where two four-year-old girls were sexually assaulted inside the school’s washroom at Badlapur in Thane district allegedly by a male attendant on August 12 and 13.

The FIR in the case was lodged on August 16 and the accused was arrested on August 17.

Courts pulls up police

The judges said action ought to be taken against the school authorities for not reporting the incident despite being aware of it. They also blasted the police over the delay in registering the FIR.

The bench also demanded to know why no case was filed under the Protection of Children from Sexual Offences (PSCO) Act against the school authorities for not reporting the crime.

When advocate general Birendra Saraf, arguing for the Maharashtra government, said a case will be filed now, the judges made it clear that they were not pleased.

Stress on counselling 

The bench directed the police to ensure that all support is given to the victims and their families.

“The victims should not be victimised further,” it said.

“In this case, the girls complained, there might be so many cases which may have gone unnoticed,” the bench said.

The court said the families of the girls ought to have been shown some support by the police but it was not done in this case.

Police need to be sensitised: Court 

“First thing, the police should have filed FIR. School authorities were silent. This discourages people from coming forward,” the court said.

“People should not lose faith in the police system or the judicial system. If public had to come to the streets then think about the future,” the court said.

It also called for steps within the police machinery to sensitise cops.

The court also wanted to know if the minor girls had received counselling from the government to deal with the physical and mental trauma.

The High Court demanded details about the inquiry's timeline, including when the Special Investigation Team (SIT) was formed and why the police did not hand over all documents.

SIT asked to file report by Aug 27

The bench directed the SIT probing the case to file a report by August 27, stating what steps it has taken about the recording of girls’ statements and their families.

The report will also have to state why there was a delay in registering the FIR by the Badlapur police and in recording the statement of the second victim, the court said.

“We are appalled that the Badlapur police has not taken any steps to take the statement of the second girl till date,” the bench said.

The court said if it comes to know that there has been an attempt to hush up the case, then it won’t hesitate to take action against the police officer concerned.

“Also tell us what steps the state government is taking to ensure the safety and security of girls. There can be no compromise on this,” the high court said.

‘Why second girl has not been listed in FIR?’

Advocate General Birendra Saraf informed the bench that the statement of one of the girls has been recorded before a magistrate and the statement of the second victim girl would be taken on Thursday.

The judged sought to know why the second girl had not been listed in the FIR.

"Why didn't the Badlapur police submit the entire record to the SIT? Why are you suppressing facts from us?" the court asked. "We don't know how the police investigated the case... it did hardly anything."

The bench directed the SIT to also submit the original case diary maintained by the Badlapur police, a copy of the FIR and other papers related to the case.

Saraf informed the court that the errant police officials from the Badlapur police station have been suspended.

The bench said the suspension was not enough.

Accused in custody till Aug 26

The alleged sexual assault on the two kindergarten students by a male attendant had sparked a massive protest in Badlapur on Tuesday.

The male attendant, who was arrested on August 17, allegedly assaulted the kids in the school's toilet. A local court on Wednesday extended his police custody till August 26.

(With inputs from agencies)