Home > Recent Judgements > Madras High Court Rebukes Police, Orders CBI Investigation In Minor’s Sexual Assault Case
Oct 08, 2024
MADRAS HIGH COURT REBUKES POLICE, ORDERS CBI INVESTIGATION IN MINOR’S SEXUAL ASSAULT CASE
In a significant ruling of Suo Motu v. Deputy Commissioner of Police and Anr, the Madras High Court has transferred the investigation of a case involving the Sexual Assault of a minor girl from the Tamil Nadu State Police to the Central Bureau of Investigation (“CBI”). The decision, delivered by Justices of Madras High Court, stems from dissatisfaction with the manner in which the case was handled by local authorities, raising concerns about the victim’s treatment and the police’s conduct during the investigation.
BACKGROUND OF THE CASE
The case revolves around the Sexual Abuse of a 10-year-old girl from Anna Nagar, Chennai. The Abuse came to light when her parents noticed a foul smell and sought medical attention, leading to the revelation that the child had been sexually assaulted. The child was referred to Kilpauk Medical College (KMC), where the examination was conducted. This examination triggered a police investigation and involvement of the Child Welfare Committee.
However, the victim’s family raised serious allegations about how the case was being handled by the local police, particularly regarding the insensitive treatment of the minor and the parents during the investigation.
COURT’S CONCERNS ON POLICE CONDUCT
The High Court expressed grave concern over the procedural lapses in handling the case. The victim’s counsel, brought to the court’s attention that the child’s statement was recorded at an inappropriate hour at 1 AM in the crowded corridors of the hospital. Furthermore, the victim’s parents were allegedly beaten by the police while the accused was given preferential treatment at the station, being allowed to sit comfortably in a chair.
The court was particularly alarmed by the fact that, despite the victim identifying her assailant, the police took 12 days to arrest him. Additionally, while videos of the minor’s examination were leaked online, the police responded by registering FIRs only against a YouTuber and a journalist who shared the leaked content, rather than addressing the root cause and finding the individual responsible for the leak.
CBI TAKES OVER SEXUAL ABUSE CASE
The Madras High Court, dissatisfied with the trajectory of the investigation, ruled that the case must be transferred to the CBI. In its order, the court emphasized that the police’s handling of the investigation was inconsistent with the provisions of the Protection of Children from Sexual Offenses (POCSO) Act, which demands a sensitive and thorough approach to cases involving minors. The court was particularly concerned that the victim’s statement was taken in a public hospital corridor without her mother’s presence, violating protocols meant to protect vulnerable witnesses.
Then the court had declared that the entire files have to be transferred to the Joint Director, CBI to continue the investigation and initiate all actions appropriate under law. The decision to transfer the case reflects the court’s lack of faith in the state police’s ability to deliver justice impartially and efficiently.
POLICE INSENSITIVITY AND PROCEDURAL ERRORS
Throughout its order, the court stressed the importance of treating victims of Sexual Abuse with dignity and sensitivity. The procedural errors, including the inappropriate location and timing of the victim’s examination and statement, demonstrated a lack of regard for the minor’s welfare. The court noted that such insensitivity was not only a violation of the victim’s rights under the POCSO Act but also deeply troubling in terms of the justice process.
In a particularly scathing remark, the court stated, “The present facts disturb our mind and consciousness,” underscoring the gravity of the situation and the need for a more robust investigation.
COURT EMPHASIZES PRESS FREEDOM
The court also commented on the Police’s actions against journalists and YouTubers who shared the leaked videos. While the authorities were quick to register FIRs against these individuals, they failed to hold accountable those responsible for recording and leaking the videos in the first place. The court emphasized that freedom of the press should not be compromised and criticized the police for not addressing the root cause of the leak.
“The practice of registering cases against journalists and YouTubers who are vindicating the grievances in the public domain is not in consonance with the democratic principles enunciated in the Constitution,” the court stated.
RULING
The Madras High Court’s decision to transfer the investigation to the CBI reflects deep concerns about the state police’s handling of the case. By underscoring the importance of sensitivity in cases involving minors and holding the police accountable for procedural lapses, the court has sent a strong message about the need for fairness and integrity in the justice process. This ruling not only aims to ensure justice for the victim but also upholds the principles of transparency, Press Freedom, and the Rule of Law.
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