Badlapur sexual assault: Make watertight case, don’t act under public pressure; says HC

PTI, Sep 3, 2024, 6:36 PM IST

Build a “watertight” case and do not file a charge sheet hurriedly under public pressure, the Bombay High Court on Tuesday told the police team probing the sexual assault of two girls at a school at Badlapur in Maharashtra.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan also said boys should be sensitised. “Education of boys is important. `Bete ko padhao beti ko bachao,’ (educate the boy and save the girl),” Justice Dere said, tweaking the government slogan.

The bench last month took suo motu (on its own) cognisance of the incident where two girls, around four years old, were sexually assaulted inside the washroom of the school by a male attendant. The accused has been arrested.

Advocate General Birendra Saraf, appearing for the government, told the court during Tuesday’s hearing that a chargesheet would be filed shortly.

The bench noted that the special investigation team (SIT) was formed as the local police did not probe the case properly, and “there was a strong outburst of the common man.” “This is a larger issue. This case will set a precedent for all such cases in future. Public is watching and what message we are giving is important,” the court added.

“Therefore, don’t file the chargesheet hurriedly. There is still time. Don’t go by public pressure. Investigation has to be done properly before chargesheet is filed,” the judges said.

“Before the chargesheet is filed, ensure everything is in order. Make a watertight case,” the HC added.

The court also rapped the SIT on the knuckles for the “stereotypical” manner in which the case diary was maintained.

“Is this a manner in which case diary is maintained? Is it a modus operandi to write case diary in stereotypical manner by the investigating officer?” the HC asked.

Every step of the probe has to be mentioned in the case diary, the judges said, noting that details were not mentioned in the diary.

“The efforts are not reflected….Stereotypical words are used in the case diary. We are not satisfied with the way investigation is conducted with regard to the detailing. We do not see any concrete steps,” the bench said.

The purpose of writing a case diary is defeated when it is written in this way, and it actually reflects the shoddy probe of this case, it added.

Advocate general Saraf, meanwhile, informed the HC that the government has formed a committee to look into the aspect of safety and security of girls in schools.

The court said it should examine the safety of boys too.

“The committee will look into safety and security of children in schools. We will keep it gender-neutral. Not just girls, boys too. Just because it is a boy, it is not that nothing untoward will happen,” the court said.

Retired IPS officer Meeran Borwankar, and a retired high court judge — either Sadhana Jadhav or Shalini Phansalkar-Joshi — should be included in the committee, the HC suggested before adjourning the hearing to October 1.