Lawyers Urge Bombay HC to Take Suo Moto Cognizance of Alleged Sexual Assault of Two Minors

Lawyers Urge Bombay HC to Take Suo Moto Cognizance of Alleged Sexual Assault of Two Minors

On Tuesday evening, two lawyers, Ajinkya Gaikwad and Santosh Garud, requested the Bombay High Court to take suo motu cognizance of an alleged sexual assault involving two minor girls in Badlapur, Thane district, and the subsequent violent protests.

They presented the issue before Justice Bharati Dangre, who advised that the matter be raised before an appropriate bench rather than a single judge. It was Gaikwad who initially brought the issue to Justice Dangre's attention.

"It is to bring to your attention a matter of grave importance. It is regarding an FIR in a POCSO case wherein the victims were two kindergarten students. At present, there are violent protests in Badlapur," he said.

Justice Bharati Dangre questioned the appropriateness of raising such an issue before a single judge and also questioned the locus standi of the lawyer bringing the matter forward.

"Who are you, are you the accused? What are you filing, what are the proceedings?"

When Gaikwad urged the court to take suo motu cognizance, Justice Dangre responded, "Not this bench. How can a single bench?" She suggested that the matter should be brought before a division bench instead.

The case involves the sexual assault of two kindergarten students, aged three and four, by Akshay Shinde, a 23-year-old male school attendant who was employed as a cleaning staff member on a contractual basis since August 1 at a school in Thane's Badlapur. The assaults occurred in the school’s toilet. The abuse was discovered when one of the victims complained of pain and disclosed the incident to her parents, leading to confirmation of the assault by a local doctor.

In response to the revelation, outraged parents and local residents stormed the school on Tuesday, vandalizing property in protest. The situation intensified as protesters disrupted train services at Badlapur railway station from 8:30 am, with some engaging in stone pelting. The police eventually brought the unrest under control.

Following the incident, the school management suspended the principal, a class teacher, and a female attendant. Additionally, the Maharashtra government swiftly took action by suspending three police officials, including a senior police inspector, for alleged negligence in the investigation. The Chief Minister's Office issued a stern warning that legal action would be taken if the school management is found negligent.

Chief Minister Eknath Shinde instructed the Thane Police Commissioner to expedite the investigation and called for a review to ensure the establishment of Sakhi Savitri committees in all schools for student protection. The government has proposed measures to enhance school safety, including installing complaint boxes in every school and implementing stricter scrutiny of staff with regular student interactions. A Special Investigation Team (SIT) has been formed to probe the case further.

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