Badlapur sexual abuse: HC slams police, says action taken only after outcry

Thane horror: The Bombay High Court warned that it would not hesitate to take action against the police if any dereliction of duty was found

The Bombay High Court (HC) on Thursday strongly criticised the Maharashtra Police for the delay in lodging an FIR in the sexual assault case involving two kindergarten students in Badlapur. The court also directed the state government to take immediate action against the school authorities for failing to report the crime.

A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan expressed dismay at the police's delay in recording the statement of the second victim, questioning the seriousness with which the authorities handled the case. "Have you made any effort to record the statement of the second child? What steps have been taken? Explain the delay in recording the statement of the second child. It is unfathomable how the police could take this matter so lightly," the bench said.

The court further questioned whether the police only respond after public protests, highlighting the necessity of timely action in such sensitive cases. "Is it necessary that people protest, and you take action only after public outcry?" the court said.

The two victims, aged three and four, were allegedly sexually assaulted by a cleaning staff member at their school in Badlapur on August 12 and 13. The accused, Akshay Shinde, was arrested on August 17. However, the incident ignited widespread outrage after allegations surfaced that the parents of the victims were made to wait for 12 hours at the Badlapur police station before their complaints were registered.

The public outcry culminated on Tuesday when thousands of people stopped local trains at Badlapur railway station and ransacked the school where the assaults occurred.

The HC warned that it would not hesitate to take action against the police if any dereliction of duty was found. "Such lapses discourage people from approaching the police. In cases involving minors, registering an FIR should be the immediate priority. Instead, the family was made to wait for hours," the court observed.

In response, the government counsel informed the court that three police officers had been suspended, and a Special Investigation Team (SIT) had been formed to probe the incident.

"The police have not played their role. Have the police been sensitised? The police should have recorded the (FIR) immediately. People should not come out on the streets like this to get an FIR lodged," the High Court said.

The court also inquired whether provisions of the Protection of Children from Sexual Offences (Pocso) Act had been invoked against the school authorities. The government counsel assured the court that this would be done promptly. The court has scheduled the next hearing for Tuesday.