Badlapur sexual assaults case: Survivor’s family seeks criminal action against IO for lapses

The family of a minor survivor of a Badlapur school sexual assault urged the Bombay HC for action against the investigating officer for delays and lapses.

MUMBAI: The family of one of the minor survivors of the Badlapur school sexual assault on Wednesday urged the Bombay high court to direct criminal action against the investigating officer of the case due to alleged lapses in the investigation, including a delay in registering a First Information Report (FIR) and revealing the name of the minor.

Badlapur sexual assaults case: Survivor’s family seeks criminal action against IO for lapses

A bench of justices Revati Mohite-Dere and Dr Neela Gokhale, which was hearing suo-motu proceedings the court had initiated, directed the Maharashtra government to respond to the survivor’s plea and state what action it has taken against the investigating officer. The court also emphasised the need to fast-track the trial, considering the young age of the two survivors.

Earlier, advocate Ajinkya Gaikwad, appearing on behalf of one of the survivors’ families, told the court that the FIR registration was delayed because the investigating officer was conducting a preliminary inquiry, which was not required by law. Gaikwad also claimed that the investigating officer had failed to record the survivor’s statement, and there were lapses that led to the unwarranted disclosure of the minor’s identity.

The court said it is also awaiting the report of the committee it had asked the Maharashtra government to set up to recommend safety norms for students in schools and steps for effectively implementing existing laws, including the Protection of Children from Sexual Offences (Pocso) Act. The 18-member committee, headed by retired justices Shalini Phansalkar-Joshi and Sadhana Jadhav, was appointed on September 20, a month after the sexual assaults on two minors in a Badlapur school came to light.

Two four-year-old girls studying in a prominent co-ed school in Badlapur were allegedly sexually assaulted by a contractual cleaning staff member inside a girls’ toilet on August 12 and August 13 last year. The accused, Akshay Shinde, was arrested on August 17 and later killed in a police encounter on September 23.

The police also booked the school’s principal and two trustees of the educational institute that runs the school. This was after the parents of the survivors alleged that when they approached the school authorities to report what had happened, they were told the assault could not have occurred on the school premises. The school management was also criticised for failing to monitor Shinde and not appointing a female staff member to clean the girls’ toilets.

The survivors’ parents also alleged that the police delayed registering their complaint despite it being a sexual assault case. The case was registered late on August 16. The sexual assaults, the school management’s response, and the police’s tardiness in registering an FIR became a flashpoint for thousands of protestors to erupt on the streets and the railway tracks in Badlapur on August 20, followed by protests across the state.

The Maharashtra government then announced the appointment of a Special Investigative Team to take charge of the case, saying it would be fast-tracked. The state government also said it would bear the cost of the two minors’ education until the eighth standard.