Bombay HC slams police over lapses in Badlapur sexual assault case probe

Bombay High Court criticizes police for lapses in Badlapur sexual assault case, questions safety of schoolgirls and police response.

The Bombay High Court on Thursday criticised the police for their casual attitude and lapses in investigating the Badlapur sexual assault case. A Division Bench of Chief Justice Revati Mohite Dere and Justice Prithviraj K. Chavan questioned the use of the Right to Education if schools are not a safe space for children.

The court was hearing a suo motu public interest litigation (PIL) plea initiated after taking cognisance of news reports about the alleged sexual assault of two four-year-old girls by a cleaning staff member in a school in Maharashtra’s Thane district.

The Bench pointed out that the police sprang into action only after public outrage and questioned the delay in filing the FIR and recording statements.

“It is a heinous offence; instead of taking action, parents were kept waiting for hours. Why?” said Justice Mohite Dere. She questioned the failure to record the second victim’s statement during the initial probe. “The incident is of August 12-13; the FIR was filed on August 16, but the statement was taken now. The statement of one of the victim’s fathers was also recorded only after the suo motu PIL plea was initiated on Wednesday. Why the delay?” she said.

The court sought a detailed case file by the next date of hearing, August 27, including details of the probe conducted by the Badlapur police, which filed the first FIR, and measures taken to ensure the security of schoolgirls. “We want to know all the steps taken to ensure the security of schoolgirls. The security and safety of girls cannot be compromised at all. Many incidents go unrecorded; it takes courage to speak about such incidents; it is not easy to do,” Justice Mohite Dere said.

The Bench also said the police force needs to be sensitised. “People should not come like this on to the streets. Maharashtra Police’s motto is ‘To protect good and to destroy evil’, and they need to follow that,” Justice Chavan said.

Advocate General Birendra Saraf, for the Maharashtra government, said a Special Investigation Team has been formed, and an administrator has been appointed to the school. “We will ensure that all support is provided to the victims and their families, and the statements of victims will be promptly recorded during the day,” he said.