Badlapur School Sexual Assault: Bombay High Court "Appalled" At 'Lapses' In Probe, Says Police 'Did Not Play Its Role'

While hearing a suo motu PIL regarding the alleged sexual assault of two minor kindergarten girls in a school at Badlapur in Thane, the Bombay High Court on Thursday expressed its concern at the delay in lodging of FIR and pointed out several lapses in the preliminary investigations carried out by the Badlapur Police saying it "did not play its role the way it ought to have". 

Taking note of the victims' ages (4 years and 3 years old respectively) a division bench of Justices Revati Mohite Dere and Prithviraj Chavan expressed anguish over the fact that the incident of sexual assault took place within the school premises.

"If the school is not a safe place then what's the use of speaking about all this right to education and all other things... Even 4 year old girls aren't being spared. What is this situation. Extremely shocking it is," Justice Mohite-Dere orally remarked.

The judges further said while this case had been reported as the girls had come forward and complained about the matter, there were several incidents which would go unreported. The court orally remarked that a "huge amount of courage" is required to speak about such an incident.

Further, the judges said that a lot of answers would have to be given on the "probe" by the Badlapur Police Station especially noting the 'delay in registering the FIR and making the family wait for hours to get the FIR lodged.'

"The first thing which should be done in such cases of minors is that the police should have registered an FIR, but instead they made the family wait for hours which discourages the public from reporting such incidents. There is a need for sensitising the police force. Definitely the Police hasn't played its role the way it ought to be. Had the police be sensitised this wouldn't have happened," Justice Mohite-Dere orally remarked.

The judge, further pointed out that the incident is a 'serious offence' and questioned why the Badlapur Police did not take the issue seriously.

"We would want to know what probe was carried out by the Badlapur Police. We are only interested in ensuring justice for the two victims. Security and safety of the girls cannot be compromised at all," Justice Mohite-Dere orally said.

Justice Chavan weighed in and referred to the public outrage against the incident and orally observed, "It has become a common thing now. Unless there is a strong outburst the machinery doesn't work. Do you want to say that unless people don't come on the streets probe will not be carried seriously?"

The judges, therefore, said something needs to be done with the police force itself and expressed that there must be some 'sensitisation' of the police department. 

Emphasizing that the people must not lose faith, Justice Chavan orally said that people should not "come out on the streets like this for getting an FIR lodged".

Before parting, Justice Chavan orally told Advocate General Dr Birendra  Saraf, "Maharashtra Police's motto is सद्रक्षणाय खलनिग्रहणाय (Sadarakshanaya Khalanigrahanay). It means to protect the good and restrain the wicked. Please be reminded of this".

During the hearing Advocate General Saraf appearing for the State submitted that the FIR was lodged and the Special Investigation Team (SIT) was formed by the State. He assured the bench that, "No stone will be left unturned and everything will be pursued in a speedy basis".

The judges, noted during the hearing, that the police failed to record the statements of the second victim and also of her family. It further noted that no action has been taken against the school for failing to report the incident of sexual assault to the police despite the victims and their families complaining the same to the school authorities. 

At this stage, Justice Mohite-Dere said,"But that should have been done before only. The minute the FIR was lodged by the family you should have registered a case against the school authorities. Are the girls being counselled? We can't lose sight of the fact of what's happened with the victim girls. We want to know what the State has done for counselling the victim girls". 

The bench was shocked to note that the statements of the father of the second victim in the case, were recorded only in the midnight of August 21.

The bench in its order, recorded, "There is a delay in not only in registering an FIR but also the school authorities haven't lodged a complaint. This is apparent from the FIR Copy. Mr AG submits that an SIT is formed. He submits that all papers are handed over to the SIT. He further states that only one victim's statements have been recorded and the second ones statements will be recorded during the course of the day...We are appalled to note that the Badlapur Police did not record the statements of the second victim's family. It is only after we took suo motu cognizance, the police recorded the statements of the second victim's father that too post midnight. We expect that all legal help and counselling will be provided to the victims and their families". 

Case Title: Suo Motu Public Interest Litigation No.   of 2024