Mumbai, Oct 1, 2024
The Bombay High Court on Tuesday pulled up the Maharashtra Police SIT for its failure to arrest two trustees of the Badlapur school where two minor girls were allegedly raped in August – with the prime accused, Akshay A. Shinde, was shot dead in a police encounter on September 23.
A division bench comprising Justice Revati Mohite-Dere and Justice Prithviraj Chavan was hearing a suo-motu PIL on the rape cases of two nursery girls, aged 3 and 5, at a prominent private school that triggered nationwide outrage.
In a related development, a single-judge bench of Justice Rajesh Laddha rejected the anticipatory bail applications of the school trust’s Chairman and Secretary who are on the run since the incident and after the Trust was superseded as per the state government orders.
The division bench judges asked the State Advocate General Birendra Saraf whether they were waiting for the accused duo (Trustees) to get anticipatory bail.
They observed that normally the police force goes to all extent in any state across the country to trace any accused, but here it has not succeeded in tracking the two Trustees.
To Saraf’s strong objections on this, the court also said that it would not allow anybody use it in their political discourse as they (the judges) were here to provide justice to everyone, whether the victim or the accused.
Thereafter, Saraf assured the court that all possible efforts are being made by the police to trace the absconding Trustees, even as the judges posted the matter for further hearing on Oct. 23.
He also informed that the SIT had filed chargesheet against Shinde (shot dead by police) and against the school principal, and another chargesheet against the two fugitive Trustees.
Rejecting the anticipatory bail pleas of the two Trustees, Justice Laddha said that the POCSO Act is intended to safeguard children from sexual crimes and their interests need to be prioritized over that of the perpetrators (accused).
“Considering that the (2) victims are minors, the trauma they have endured will have profound impact on their adolescent years, leaving long-lasting and irreparable psychological scars.
The applicants (Trustees) hold important positions in the school… there are chances that they may tamper with the evidence and pressurise the witnesses who are employees of the school,” said Justice Laddha while junking the anticipatory bail applications.
The judge also refused to accept the arguments that the Trustees learnt of the incidents – that occurred on August 12 and 13 – only on August 16, plus the Trustees raising doubting whether the sexual assault on the two minor girls actually took place as both had attended the school the next day (August 14) and other things, and for not reporting the incident to the police immediately.(Agency)
