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Synopsis

The Madras High Court recently directed the Central Bureau of Investigation (CBI) to take over a sensitive POCSO case involving a minor rape survivor, citing serious procedural lapses and undue delays by the Tamil Nadu Police.

The bench of Justices S.M. Subramaniam and V. Sivagnanam also criticized the police for registering cases against journalists who reported on the incident, instead of targeting the real culprits who leaked sensitive information in the media.

Court emphasized that targeting journalists is an attempt to threaten the freedom of the press, a constitutionally protected right. It further warned the police against undermining journalistic freedom, urging them to focus on the individuals responsible for leaking sensitive information.

"The publications are made, on receipt of the videograph or information. Therefore, the police are expected to conduct a thorough enquiry and identify the persons, who all are the real accused who disclosed the audio and video to the journalist. Thus, merely registering a case against the journalist would do no service to the cause of justice," the bench said.

The case involves a 10-year-old rape survivor, with the family accusing the police of misconduct, including physical abuse and mishandling of evidence.

The matter was brought to the High Court’s attention through a letter petition from Advocate A.P. Suryaprakasam. Acting on this, the Chief Justices initiated a suo motu petition. Soon after, the victim’s mother also filed a separate petition under Article 226 of the Constitution, seeking a court directive for the police to produce her daughter and hand her over.

The advocate alleged that the police had subjected the victim’s parents to torture and sought appropriate punishment for the officers responsible for the atrocities inflicted on the family.

According to the victim’s mother, she became aware of her daughter’s sexual abuse after noticing a foul odor and promptly took her to the Government Kilpauk Medical College Hospital. There, it was confirmed that her daughter had been sexually assaulted. The incident was reported to the Child Welfare Committee and the All Women Police Station. The Inspector of Police later arrived at the hospital to take her complaint.

The mother further claimed that she was sent home to collect her and her daughter's Aadhar cards, and during her absence, her daughter’s statement was taken in the hospital corridor at midnight, violating the confidentiality and dignity mandated by the POCSO Act.

She also stated that she was unaware of the statement being recorded by the police, and when she later visited the police station, both she and her husband were assaulted. Despite her daughter naming the accused, a neighbor named Sathish, the police delayed his arrest for nearly two weeks.

This delay, along with the leaking of sensitive information to a YouTuber and journalist, raised serious concerns about the integrity of the investigation.

The high court noted that the dissemination of information about the victim and the case on social media by law enforcement was particularly disturbing and brought further distress to the victim's family.

Court harshly condemned the police's attempt to shift the blame onto the media.

"Freedom of the press is a constitutional right," the judges declared, emphasizing that registering criminal cases against journalists while neglecting the actions of the real perpetrators who leaked the information was a dangerous trend.

Furthermore, the bench expressed deep concern over the treatment of the minor girl and her family, particularly the manner in which the police conducted their inquiry in a public space, violating the privacy and dignity of the victim.

Court underscored the critical role of police officers in protecting child victims, asserting that such investigations must be carried out in a child-friendly environment, ensuring confidentiality at all stages.

As a result of these grave procedural lapses, the high court transferred the case to the CBI, noting that the Tamil Nadu police had lost the trust of the victim’s family.

Court directed the CBI to handle the investigation and continue any appropriate further actions in accordance with the law. Additionally, the police were ordered to provide protection to the victim and her family to ensure their safety and peace of mind.

Case Title: Suo Motu Vs. The Deputy Commissioner of Police, Anna Nagar Range and Others