Bombay HC: Make a watertight case and do not act under public pressure

Mumbai: Build a “watertight” case and do not hastily file a chargesheet under public pressure, the Bombay High Court on Tuesday asked the police team investigating the sexual abuse of two girls at a school in Badlapur in Maharashtra.

A bench comprising Justices Revati Mohite Dere and Prithviraj Chavan also said that boys need to be sensitised. “Education of boys is important. 'Bete ko padhao beti ko bachao' (educate the boy and save the girl),” Justice Dere said, echoing the government slogan.

Last month, the court took cognizance of the incident in which two girls, aged about four, were sexually assaulted by a male guard in the school toilet. The accused was arrested.

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

The court noted that the Special Investigation Team (SIT) was formed because the local police failed to investigate the case properly and “there were strong protests from the common people.” “This is a bigger problem. This case will set a precedent for all future cases of this kind. The public is watching us and the message we convey is important,” the court added.

“Therefore, you should not rush to file the charges. There is still time. Do not let public pressure get you down. The investigation must be carried out thoroughly before the charges are filed,” the judges said.

“Before the chargesheet is filed, make sure everything is in order. Make the case watertight,” the Supreme Court added.

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

“Is this the manner in which a case diary is maintained? Is it usual for the investigating officer to maintain a case diary in a stereotypical manner?” asked the Supreme Court.

Every step of the investigation must be recorded in the case diary, the judges said, but noted 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 manner of investigation in terms of detail. We do not see any concrete steps,” the court said.

The purpose of a case diary is defeated if it is kept in this manner and it actually reflects the sloppy investigation of this case, it said.

Meanwhile, Advocate General Saraf informed the Supreme Court that the government had set up a committee to look into the safety of girls in schools.

The court said it also had to consider the boys' safety.

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

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