Supreme Court Forms SIT To Probe Allegations That TN Police Officials Violated POCSO Victim's Rights & Assaulted Parents

In a case relating to alleged sexual assault of a minor girl in Anna Nagar, Chennai, the Supreme Court recently constituted a Special Investigation Team to conduct a probe into the allegations that Chennai police violated the victim's rights and assaulted her parents. The Court further directed that the probe be monitored by the Madras High Court and awarded a cost of Rs.75,000/- in favor of the victim's family.

A bench of Justices Surya Kant and Ujjal Bhuyan was dealing with a petition filed by the Tamil Nadu police authorities, challenging order of the High Court whereby investigation was entrusted to the Central Bureau of Investigation.

Passing the order for its constitution, the Court stated that the SIT would comprise of the following officers (belonging to Tamil Nadu cadre but hailing from other states):

1. Mr. Saroj Kumar Thakur, IPS, DIG, presently posted as Joint Commissioner of Police, East Zone, GCP;

2. Ms. Ayman Jamal, IPS, SP, presently posted as Deputy Commissioner of Police, L&O, Avadi Commissionerate;

3. Ms. Brinda, IPS, SP, presently posted as Deputy Commissioner of Police, North (L&O), Salem City.

Further, it directed the State of Tamil Nadu and its DGP to ensure that the above-mentioned 3 officers are partly relieved of any other responsibilities, to enable them to conduct the investigation on day-to-day basis.

It was added that the SIT shall proceed objectively and dispassionately, irrespective of the observations in the impugned order. Further, it shall submit its first report to the Chief Justice of the High Court, who may constitute an appropriate bench to monitor the investigation. Periodic reports shall be submitted by the SIT to the assigned Bench, preferably once a week, till investigation reaches its logical conclusion.

Briefly stated, the case related to the alleged sexual abuse of a 10-year-old girl. The parents of the girl had taken her to a doctor, who informed them that she was sexually abused. The doctor referred the girl to Kilpauk Medical College, where a duty doctor examined her and informed the Child Welfare Committee as well as an all-women police station.

As per claims, the minor victim's statement was recorded at 1:00 am in the corridors of KMC hospital and her parents were not present at the time. The statements were allegedly broadcasted later through social media and newspaper publications. Further, the accused was made to sit in a chair at the police station while the victim's parents were beaten.

After hearing the parties, the High Court was not satisfied with the trajectory of the investigation. It noted that even though the victim had named the accused in her statements, he was arrested only after 12 days. Further, even as per the statement of the nurse at the KMC hospital, the victim's mother was not available with her when her statements were recorded.

The High Court also expressed dissatisfaction that the police registered the FIR only against the YouTuber and journalist for broadcasting the video and not against the officers who had recorded the video in their cellphones or who were responsible for leaking the video.

“The present facts disturb our mind and consciousness. The narration of facts by victim side cannot be said to be wholly unrelated. We have to also consider their submission which raises suspicion in the mind of the court. Actions taken are violative of the provisions of the POCSO Act. Manner in which the victim was treated, statement taken at midnight in government hospital's common corridor is a serious matter which deserves further investigation. The manner in which they were treated also requires consideration,” it said.

Accordingly, the investigation was entrusted to the CBI. Against this order, the state authorities approached the Supreme Court. On the last date, the top Court stayed the direction entrusting the probe to CBI. Further, it asked Tamil Nadu authorities to furnish a list of 5-7 officers of IPS Cadre (direct recruit and 3 being women), belonging to states other than Tamil Nadu, but serving in the Tamil Nadu cadre.

Case Title: THE DEPUTY COMMISSIONER OF POLICE AND ORS. Versus VICTIMS MOTHER AND ANR., SLP(Crl) No. 15332-15333/2024

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