Anna Nagar POCSO case: Supreme Court stays CBI probe into allegations against police

The Supreme Court on Monday stayed the probe by Central Bureau of Investigation (CBI) into allegations that personnel from an all-woman police station in Chennai violated the rights of a minor sexual assault survivor and assaulted her parents [Deputy Commissioner of Police and ors v. Victims Mother].

A Bench of Justices Surya Kant and Ujjal Bhuyan sought responses from mother of the girl and the inspector in question on a plea filed by Tamil Nadu Police challenging the decision to hand over the probe to CBI.

The Madras High Court had in October directed CBI to probe the matter.

This led to the instant appeal by the Tamil Nadu Police before the apex court.

Senior Advocate Mukul Rohatgi with advocate D Kumanan appeared for the State government.

They argued that the ruling under challenge was passed in the absence of any such prayer in a Habeas Corpus case.

The High Court had directed the CBI to investigate the allegations made by the parents of the child, who had claimed that an inspector of the Anna Nagar All-Women Police Station in Chennai had questioned the minor in the absence of her parents.

The parents had told the High Court that when they questioned the police’s conduct, the inspector allegedly assaulted them and snatched away their phones.

The High Court had said that it found there was a “clear violation of Section 24 of the POCSO Act,” and that it was disturbed by the manner in which the victim and her parents had been treated by the police.

On September 25, the High Court had taken suo motu cognisance following a news report highlighting the alleged incident. The parents of the girl had subsequently filed a Habeas Corpus petition before the Court.

While the State had opposed both the cases, the High Court heard both pleas together.

The parents suspected that their minor daughter was sexually abused by their neighbour on August 29, and thus took her for a medical examination to a nearby doctor.

They were then sent to Kilpauk Medical College Hospital where the said police inspector came to record their statements.

The inspector asked them to visit the police station the next day but took the girl aside and began to question her near the hospital lift, the parents said.

The next day, the inspector allegedly asked the survivor’s parents to settle the issue with the accused and when they refused, assaulted them.