Make a watertight case, don't act under public pressure, says HC

“Build a watertight case and do not hastily file a chargesheet under public pressure,” the Bombay High Court on Tuesday, September 3, 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 found that the Special Investigation Team (SIT) was set up because the local police had failed to properly investigate the case and “there were strong protests from the common people”.

“This is a bigger issue. This case will set a precedent for all future cases of this kind. The public is watching and the message we are sending 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.