CHENNAI: Stating that the court cannot tolerate violation of the provisions Protection of Children from Sexual Offences (Pocso) Act by police officials, the Madras High Court on Thursday criticised the state government for the lethargy in taking departmental action against the police officials who were charged with non-adherence to the statutory provisions while holding investigations into the sexual assault of a 10-year-old child in Anna Nagar, Chennai.
A division bench of justices P Velmurugan and M Jothiraman commented that half of the police officers do not know the nitty-gritty of the Pocso Act and they are not properly implementing the law. The comments were made while hearing a 2024 habeas corpus petition filed by the victim’s mother seeking certain directions, including enhanced compensation and action against the woman police inspector who had committed violations in recording the victim’s statement and by thrashing the parents. The incident, then, had created widespread outrage and the high court took suo motu cognisance and ordered a CBI probe, but the Supreme Court, on appeal, set up a special investigation team (SIT).
Additional Advocate General J Ravindran informed the bench that compensation was paid to the victim as per the directions of a division bench and further decision, on this matter, has to be taken by the trial court.
Referring to the action against the erring police official, he said the officer was placed under suspension and a criminal case was registered for violation of the procedures. However, the bench said suspension is not a punishment but departmental action should have been taken against officials for not following the statutory provisions.
“Action for violation of statutory provisions is different from criminal action. If any public servant does not follow the statutory provisions, departmental action must be initiated against such official,” the bench said. Referring to the submission of the petitioner’s counsel that the violations included disclosure of the victim’s identity, the bench remarked that it is like the fence grazing the crop.
Questioning the state on the delay in completing the proceedings for departmental action even after 15 months have lapsed, the bench said the state shall not defend such erring officials. It directed the state government to file a status report on the issue of departmental action and adjourned the hearing to Friday.
Officer was suspended & booked in criminal case
AAG J Ravindran informed the bench that compensation was paid to the victim as per the directions of a division bench. Referring to the action against the erring police official, he said the officer was placed under suspension and a criminal case was registered for violation of the procedures. However, the bench said suspension is not a punishment but departmental action should have been taken