Badlapur case: Bombay HC pulls up SIT for failing to arrest school trustees

Are you waiting for the accused to get anticipatory bail, asks the Division Bench; another Bench rejects bail pleas of the school chairman and secretary, saying they may tamper with evidence

The Hindu Bureau 

MUMBAI 

The Bombay High Court on Tuesday came down heavily on the Thane Police’s Special Investigation Team (SIT) for its failure and inaction in arresting the trustees of the Badlapur school where two kindergarten students were allegedly sexually assaulted. The prime accused Akshay Shinde had recently died in an alleged police encounter. 

The High Court asked if the SIT was waiting for the accused to get anticipatory bail.

“Normally, the police force goes to all possible extent to nab an accused... . But in this case, how come they have not been able to trace and apprehend the chairman and the secretary of the school? Are you waiting for the accused to get anticipatory bail,” the Division Bench of Justices Revati Mohite-Dere and Prithviraj K. Chavan sought to know.

The High Court was hearing a suo motu public interest litigation (PIL) pertaining to in the case.

State Advocate General Birendra Saraf said that responded to Justice Chavan saying it was unfair and assured the Bench that all efforts are being made by the SIT to trace the absconding accused. “Chargesheets have been filed in the matter, one against the school principal, another against the accused who was shot dead in the alleged fake encounter and one against the chairman and secretary of the school who are absconding. The school trustees of the school only approached the High Court for seeking anticipatory bail only after the Kalyan sessions court refused to grant them bail on September 10, 2024.”

“We are here to provide justice to everyone, whether they are victims or an accused. Everyone must maintain the decorum of the court,” Justice Dere said.

Mr. Saraf also informed the Bench that a committee headed by retired Justices Sadhana Jadhav and Shalini Phansalkar-Joshi of the Bombay HC will soon hold a meeting to discuss the guidelines and form a comprehensive recommendation for an effective implementation of the Protection of Children from Sexual Offences [POCSO] Act in educational institutions.

The Bench also directed to provide the copies of the chargesheets to both the complainants by tomorrow and adjourned the matter for October 23.

In a related development, a Single-judge Bench of Judge Justice Rajesh N. Laddha on Tuesday, rejected the anticipatory bail applications filed by the Badlapur school chairman and secretary.

“Considering that the victims are minors, the trauma they have endeared will have a profound impact on their adolescent years, leaving long lasting and irreparable psychological scars. The applicants hold important positions in the school where the unfortunate incident took place, thus there are chances that they may tamper with the evidence and pressurise the witnesses, who are employees of the school,” the court said.

It also observed that the accused had failed to report the incident to the Special Juvenile Police Unit or the local police station.

“There is prima facie material indicating that the guardians of the victims voiced their concerns to the teacher, principal and the school management on the day of the incident. There is material to show that they were aware of the same even before August 16. Despite having the knowledge, they did not report the incident,” the court said. <SU>

Published - October 02, 2024 12:19 am IST