Bombay HC denies pre-arrest bail to Badlapur school trustees
The Bombay High Court on Tuesday denied pre-arrest bail to the chairman and secretary of a school in Badlapur, Maharashtra, where two minor girls were allegedly sexually assaulted. The court found prima facie evidence suggesting that both accused were aware of the incident before August 16 but failed to report it. Justice RN Laddha stated, "The victims are minors... It is undisputed that applicants are persons responsible for managing the school."
Court criticizes accused for negligence in reporting assault
The court further criticized the accused for their negligence in reporting the sexual assault case. Justice Laddha noted that this delay was "primarily because of applicants' negligence for reasons known only to them." The court also pointed out that there is a legal obligation on people to report such offenses if they are aware or made aware of them.
Court questions missing CCTV footage, criticizes SIT
The court also expressed concern about the missing CCTV footage from the school on the day of the incident. Additionally, it criticized the Special Investigation Team (SIT) for its failure to arrest the two accused school trustees. The division bench of Justices Revati Mohite Dere and Prithviraj Chavan questioned why police, who usually go to any extent to nab an accused, were unable to arrest them in this case.
Accused's claims
The two accused had applied for pre-arrest bail from the high court after a sessions court turned down their plea. They claimed they had no clue about the alleged offense and questioned whether it even happened, pointing out that the victims had attended a flag-hoisting ceremony on August 15 without raising any complaints. However, Public Prosecutor Hiten Venegaonkar opposed their plea, saying they didn't take any immediate action even after being informed about the incident.
SIT's involvement and future court proceedings
Following a public outcry over serious lapses in the police investigation, the Maharashtra government set up an SIT to probe the case. The two accused have been booked under various provisions of the Protection of Children from Sexual Offences (POCSO) Act for not reporting the incident immediately and negligence. The high court has scheduled further hearing on this matter for October 23.
