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Synopsis

The Bombay High Court on Tuesday criticized the Mumbai Police for failing to arrest the principal and the secretary of the school, who are also accused in the Badlapur Sexual Assault Case.

The principal and the secretary of the school were being charged by the police for non-reporting of sexual abuse incidents to the police under Sections 19 and 21 of the POCSO Act.

A division bench of the high court, comprising Justice Revati Mohite Dere and Justice P.K. Chavan, was hearing a suo motu PIL registered by the court after two kindergarten minor girls were sexually assaulted by the school's cleaner.

Advocate General Birendra Saraf informed the bench that the school's trustees had moved the high court for anticipatory bail after their application was rejected by the sessions court. In response, Justice Chavan remarked,

“The police go to any extent to nab an accused. How come they have not been able to apprehend these two? Are they waiting for them to get anticipatory bail,”

Advocate General Birendra Saraf strongly objected and requested the bench not to make such statements, emphasizing that the police were taking all necessary steps to apprehend the accused. Saraf further informed the court that the state had strongly opposed the pre-arrest bail application in the Sessions Court.

Additionally, Saraf informed the high court that the panel assigned to provide suggestions for improving the safety of children in schools was scheduled to meet today.

The bench had earlier directed the formation of a committee, which includes retired Justices Sadhana Jadhav and Shalini Phansalkar-Joshi, retired IPS officer Meera Borwankar, education professionals Sucheta Bhawalkar and Jaywanti Baban Sawant, psychiatrist Dr Harish Shetty, and Brian Seymour, President of ICSE and ISC preschools in Maharashtra and Goa.

Accordingly, the bench adjourned the matter for 4 weeks.