Thanjavur Girl Suicide : Supreme Court Allows NCPCR's Intervention; Adjourns TN DGP's Plea To April 11

The bench permitted the NCPCR to submit its enquiry report in a sealed cover.

Update: 2022-03-16 07:15 GMT
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The Supreme Court on Wednesday allowed National Commission for Protection of Child Rights ("NCPCR") to intervene in the special leave petition filed by Tamil Nadu Director General of Police against the order of the Madras High Court (Madurai Bench) which transferred the investigation in the case relating to the suicide of a girl in Thanjavur to the Central Bureau of Investigation.The bench...

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The Supreme Court on Wednesday allowed National Commission for Protection of Child Rights ("NCPCR") to intervene in the special leave petition filed by Tamil Nadu Director General of Police against the order of the Madras High Court (Madurai Bench) which transferred the investigation in the case relating to the suicide of a girl in Thanjavur to the Central Bureau of Investigation.

The bench of Justices Sanjiv Khanna and Bela M Trivedi also granted Apex Child Rights body permission to submit the documents related to the enquiry conducted by NCPCR against the allegations.

Advocate Swarupama Chaturvedi appearing for NCPCR submitted before the bench that it had filed an intervention application in the case. She also sought permission to submit the documents with regards to the enquiry conducted by it in a sealed cover.

Acceding to the request, the bench in their order said, "In view of the letter for adjournment circulated by Respondent, relist after 3 weeks. We also permit the intervenor/NCPCR to file documents in sealed cover. To be listed on April 11, 2022."

NCPCR in the application before the Top Court had submitted that in pursuance of 3545 complaints addressed to it with the request to conduct the inquiry against the allegations, it took cognisance of the same on January 19, 2022.

NCPCR's application also stated that on January 20, 2022 issued a letter to the DGP to initiate inquiry and to take appropriate and necessary legal action regarding the allegation made in the complaint and submit an action taken report ( "ATR") to the NCPCR but the police neither submitted the ATR or responded to the letter within stipulated time.

"But considering the seriousness of the matter, and the lax response of the State Authorities regarding the death of a minor girl in Thanjavur, a team of three officials headed by the Chairperson, NCPCR, visited Thanjavur, Tamil Nadu on 30th and 31st of January, 2022, for the purpose of conducting a thorough inquiry in the matter," application further stated.

The application in this regard stated that during the visit the team interacted with the Superintendent of Police, Investigation Officer, Chief Education Officer, doctors who treated the minor girl as well as doctors who conducted autopsy of the child victim, grandparents and family of the minor girl.

"The team also visited the school of the child victim and her residence to meet her parents. Documents had also been received by the team from the concerned authorities, school as well as the parents of the child victim," application stated.

It was stated in the application that NCPCR was of the considered view and is apprehensive that there has been grave injury and violation of the rights of the child victim when she was alive which had led her towards the decision to take her precious life.

"It has further been observed by NCPCR that mischief could have been done, both while the child victim was alive and while her death was being investigated. NCPCR feels duty bound to submit the findings of its inquiry to assist the Court with its findings and has come to the Hon'ble Court in the hopes that no other child would suffer from the similar fate as the child victim," the application filed through Advocate Swarupama Chaturvedi stated.

The Top Court on 14th February, 2022 while issuing notice in the SLP had refused to interject with the High Court's order of probe by CBI and said that the probe by the central agency will continue in the meanwhile.

The bench had also issued notice in a connected Special Leave Petition filed by the congregation 'The Immaculate Heart of Mary Society', which runs the missionary school in which the girl was studying, challenging the High Court order.

Background

The girl, a Class 12 student of Sacred Heart Higher Secondary School, Michealpatti, had died on January 19 following an attempt to suicide. After her death, certain video clips of her recorded by a third party named Muthuvel emerged in social media, in which the girl had allegedly made statements about forcible conversion attempts.

The Madras High Court, through its judgement dated 31st January 2022 had harshly criticised the investigation by the Tamil Nadu police for ruling out the angle of alleged attempts of religious conversion to Christianity from her school.

The High Court had criticized the Superintendent of Police Thanjavur for making a press statement to rule out the conversion angle at an early stage.

The Court had also noted that the State Education Minister and two other High Ranking Ministers issued public statements exonerating the school management. The Education Department also released a report absolving the school. In this backdrop, the Court observed:

"It is too early in the day for the police or the politicians to jump to conclusions. But they have done so. That is why, the petitioner is apprehensive that if the investigation remains with State police, he will not get justice. His apprehension is justified" the court said.

Case Title: The Director General of Police and Others v. Muruganathan and Anr| SLP(Crl) No.1053-1056/2022 and The Immaculate Heart of Mary Society vs Muruganantham | SLP(Crl) 1246/2022

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