Calcutta HC Orders Suspension Of IO, Inspector-In-Charge For Making Arrest In POCSO Case Without Material, Disclosing Victim's Identity

The Calcutta High Court on Tuesday directed the Commissioner of Police, Bidhannagar, to suspend the Inspector-in-charge and Investigating Officer in a POCSO case, while expressing serious objections over the ‘appalling lack of awareness’ regarding investigation procedure.

A division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta held:

“The police officers concerned appear to have flagrantly ignored the mandate of [settled] law in the investigation of the case and prima facie caused harm both to the victim by exposing her identity as well as to the petitioner by depriving him of the liberty though materials spoke otherwise. We are of the prima facie view that the police officers have derelicted in the discharge of their official duties during investigation of the case. Accordingly, we direct the Commissioner of Police, Bidhannagar Police Commissionerate to suspend the police officers and initiate disciplinary proceedings against them for dereliction of duty during investigation.”

The Bench was hearing an application for bail, in a POCSO matter. At the last hearing, it had taken exception to the fact that the investigating officials had included an image of the minor victim in the case diary, thus compromising her identity, and had directed the presence of the police officials who were responsible for the same.

On appearance, the officers explained that the victim went missing and a missing diary was registered. Under such circumstances, unintentionally her photograph came to be a part of the case diary which was produced in court. 

Unconvinced, the Bench ordered for their immediate suspension, and made further observations regarding their ‘dereliction of duty’ in being unable to protect the victim's identity and arresting the petitioner even though the materials on record, such as the statement of the victim under 161 CrPC, had exonerated him. It was held:

“In Nipun Saxena and Anr. vs. Union of India and Ors.the Apex Court insisted the identity of the victim of sexual crime particularly a minor must be scrupulously protected. Investigating officers were directed to keep the documents disclosing the identity of the victim in a sealed cover and ensure no publicity was given. The aforesaid directive was flagrantly violated and photograph of the victim was made a part of the case diary produced in the judicial proceeding. Police officers are responsible public servants entrusted with the duty to investigate sensitive cases involving vulnerable child victims. Their lack of awareness with regard to the manner in which the identity of the victim is to be protected is appalling.

Still more unsettling is the arrest of the petitioner who brought the lis before us. The police officers were cognizant of the statement of the victim recorded under Section 161 of the Code of Criminal Procedure which is exonerative in nature with regard to the petitioner. Still then, for reasons best known to them, the petitioner was arrested and remained in custody for a considerable period of time. Power to arrest is an important tool in the course of investigation. It is a dangerous one too. It encroaches on the most precious right of an individual i.e. his/her personal liberty. The Apex Court in a series of cases has emphasised that police must exercise their power to arrest with due care and circumspection. We find a wanton disregard to such mandate.”

The matter has been listed for further orders on the 22nd of August.

Case: Anil Sardar v State of West Bengal & Anr CRM (DB)/2716/2023

Coram: Justice Joymalya Bagchi and Justice Ajay Kumar Gupta

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