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HC raps Shinde government over Badlapur mishandling

The court was particularly troubled by the fact that some of the accused, including Adarsh School’s president Uday Kotwal and secretary Tushar Apate, remain absconding.

Sudhir Suryawanshi

MUMBAI: The Bombay High Court on Tuesday reprimanded the Maharashtra government for its mishandling and lacklustre approach in the investigation of the sexual assault of two minor girls by a male toilet cleaner at a school in Badlapur, near Thane.

The court also expressed serious concerns regarding the Maharashtra police’s handling of the case, highlighting flaws in the implementation of the POCSO (Protection of Children from Sexual Offences) Act. The court was particularly troubled by the fact that some of the accused, including Adarsh School’s president Uday Kotwal and secretary Tushar Apate, remain absconding.

During the hearing of a petition concerning the sexual assault of several nursery-level children at the school, the Bombay High Court directed the Maharashtra government to form a committee to suggest standard operating procedures for the police, hospitals, and schools while investigating sexual assaults on minors. The court recommended including retired IPS officer Meera Borwankar, former Bombay High Court judge Sadhana Jadhav, and Shalini Phasalkar Joshi as members of this committee to enforce POCSO rules.

The court criticised the progress of the investigation as “unsatisfactory” and urged the authorities to conduct a thorough and sincere investigation. It pointed out several flaws in the report submitted by the state government, including incomplete sentences and a generally haphazard approach.

The court noted that since the last hearing, three key actions had been taken: a test identification parade, forensic analysis, and the examination of call detail records (CDRs).

The Badlapur incident has sparked widespread protests against the government, with demands from opposition parties for the resignation of Home Minister Devendra Fadnavis due to the perceived failure in maintaining law and order and the inability to apprehend and punish the culprits. Despite the passage of several days since the crime, some of the accused, including school trustees, remain at large.

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