Badlapur sexual assault: HC comes down heavily police, school

The Bombay high court on Thursday expressed outrage over the police's handling of the case related to sexual assault of two kindergarten girls at a school in Badlapur near Mumbai, while describing the crime as 'absolutely shocking'.

Taking suo motu (on its own) cognisance of the case which has triggered widespread protests, the high court lashed out at the local police for the delay in the registration of a first information report (FIR), and also the school authorities who failed to report the crime to the police promptly.

There can be no compromise on the safety and security of children, particularly girls, said a division bench of Justices Revati Mohite Dere and Prithviraj Chavan.

A male attendant allegedly sexually assaulted two kindergarten girls, aged around 4, in the school's washroom on August 12 and 13.

The FIR was, however, registered on August 16, and the accused was arrested the following day, according to police documents presented in court.

"Unless there is a strong public outburst, the machinery won't move," the court remarked.

"The sexual assault of the two girls was "not only heinous, but also shocks the conscience of one and all," it added.

The bench directed the Special Investigation Team (SIT) formed to probe the case to submit on August 27 the original case diary maintained by the Badlapur police, a copy of the FIR, and other papers related to the case.

It was not at all 'happy' with the manner in which the Badlapur police handled the case, the judges remarked.

"Such serious matters where girls as young as three and four years old have been sexually assaulted....how can the police take it so lightly," the court questioned.

"If schools are not a safe place, what is a child supposed to do? What did a three and four-year-old child do? This is absolutely shocking," the court said.

The bench directed the police to ensure that all support was given to the victims and their families, adding that the victims should not be victimised further.

"In this case, the girls complained, (but) there might be so many cases which may have gone unnoticed," the court said.

Police should have offered support to the families of the two girls, but it did not happen, said the judges.

"First thing, the police should have filed FIR. School authorities were silent. This discourages people from coming forward," the judges observed.

"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 HC said.

The police department should take some steps to sensitise its officials and staff, the judges said, while directing the SIT to file a report by August 27 on what steps it had taken regarding recording of the statements of the girls and their families.

The report should also explain why there was a delay in registering the FIR by the Badlapur police and 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 to date," the HC said.

If it found that there was an attempt to hush up the case, it would not hesitate to take action against the concerned police officer, the high court stated.

"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," said the judges.

The bench noted that the school authorities were aware of the incident, but kept silent and did not inform the police.

Under the Protection of Children from Sexual Offences (POCSO) Act, non-reporting of a sexual assault is also an offence, the court observed.

Maharashtra Advocate General Birendra Saraf assured the court that action would be taken against the school authorities on Thursday itself.

"You will be taking action against school for not reporting. School authorities had not come forward. Whosoever is responsible for the delay, action will be taken. No one will be spared," the court said.

Saraf informed the bench that the statement of one of the girls was recorded before a magistrate, and that of the second girl would be recorded on Thursday.

The HC sought to know why there was a delay.

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

The bench said mere suspension was not enough.

The accused school attendant, arrested on August 17, has been remanded in police custody till August 26

Earlier, leader of opposition in the Maharashtra assembly Vijay Wadettiwar had alleged that the parents of one of the victim girls were made to sit in the Badlapur police station for 11 hours before the FIR was registered.