CHENNAI: In an important development of judicial intervention, the Madras High Court has transferred a distressing child rape case involving a 10-year-old girl to the Central Bureau of Investigation (CBI), articulating a lack of faith in the capabilities of the Tamil Nadu (TN) police. The ruling came after growing concerns over the handling of the case by the local police, particularly the Anna Nagar police department.
The bench, comprising Justices S.M. Subramaniam and V Sivagnanam, voiced their discontent over the police’s delayed response and the inappropriate treatment of the victim’s family. Despite the victim identifying her alleged abuser, a minor neighbour named Sathish, police reportedly took 12 days to arrest the accused. The judges highlighted that law enforcement’s inaction only came to light after media reports of the incident emerged.
“We have arrived at an irresistible conclusion that the entire case should be transferred to the central agency for a thorough investigation,” the bench stated, underscoring the trauma inflicted on the survivor and her family. The judges emphasised that the manner in which the victim was treated constituted a serious breach of the Protection of Children from Sexual Offences (POCSO) Act.
சட்டம் ஒழுங்கு என்னுடைய நேரடி கட்டுப்பாட்டில் இருக்கும் என்று உதார் விட்டாரே….
இப்ப நீதிமன்றமே முகத்தில் கரியைப் பூசி விட்டது. pic.twitter.com/CqSagFt9sm
— Saravanaprasad Balasubramanian (Modi ka Pariwar) (@BS_Prasad) October 1, 2024
The horrifying case began on August 29, when the girl’s mother returned home to find her daughter in severe pain. A local doctor conducted an examination and alarmingly confirmed the girl had been sexually assaulted. Following this, the victim was taken to Kilpauk Medical College and Hospital, where medical professionals confirmed multiple instances of rape. Troublingly, the police were slow to act, with the local Inspector reportedly focusing more on formalities than on protecting the victim and her family.
In their ruling, the judges criticised the police’s approach, particularly the interrogation methods used with the child and her parents. It was reported that the inspector harbored an aggressive demeanor during questioning, instilling fear rather than support. “As soon as she mentioned Sathish’s name, she was confronted in a threatening tone,” the bench noted. This alarming conduct is indicative of a systemic issue within the police force, the bench opined.
சென்னை | “ரொம்ப திமிரு பண்ற நீ… 3 வருசம் உள்ள தள்ளிடுவேன்” பாலியல் வன்கொடுமைக்கு ஆளான சிறுமியின் தாயை மிரட்டிய இன்ஸ்பெக்டர்? காவல்துறை தரப்பின் விளக்கம் என்ன?#POCSOAct | #Inspector | #CrimeNews | #Chennai https://t.co/WjBhFepqK4
— PttvOnlinenews (@PttvNewsX) September 7, 2024
Further exacerbating the situation, the police allegedly filed an FIR against a journalist who reported on the case and the statements made by the victim and her parents. The judges condemned this move, labeling it “unacceptable” and counterproductive to achieving justice.
In a bid to secure the victim’s safety, the court ordered the Anna Nagar police to hand over all case files to the CBI. Additionally, it directed state authorities to provide police protection for the victim’s family to ensure their peace of mind while navigating the traumatic aftermath of the alleged crime.
The plight of the victim’s family has been dire, with reports indicating they have been living in fear of possible repercussions from local gangs purportedly seeking to protect the perpetrator. During a hearing in late September, R. Sampath Kumar, counsel for the petitioner, informed the court that the survivor and her parents had been “running from pillar to post,” stricken by anxiety about their safety.
Critics of the state police’s performance point to a larger pattern under the current DMK government’s leadership, wherein allegations of bias and incompetence have emerged. Commentators argue that state police have often been accused of sidelining the law to cater to political interests, citing instances such as the refusal to permit an annual RSS route march, despite directives from the Supreme Court and High Court.
Allegations have also surfaced regarding the police suppressing dissent, particularly against netizens who criticize government officials or make remarks considered unfavorable toward the ruling party. The controversial arrest of YouTuber Savukku Shankar, who faced multiple FIRs and detention under the Goondas Act, has become emblematic of these concerns. Critics assert that such actions illustrate the transformation of the police force into an arm of political power rather than an impartial institution dedicated to upholding the law.
The Madras High Court’s ruling reflects a pivotal moment in the quest for justice in the horrific child rape case, sending a clear message about the need for accountability and transparency within the law enforcement community. The CBI will now take over the investigation, providing hope for a more rigorous and unbiased examination of the troubling circumstances surrounding the original case. As this story continues to develop, the emphasis remains on ensuring justice for the victim and her family, underscoring the importance of safeguarding vulnerable individuals within society.
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