Anna Nagar POCSO case: Supreme Court constitutes SIT, directs HC to monitor probe

The Supreme Court on Monday directed the Madras High Court to monitor a fresh probe in the Anna Nagar minor sexual assault case [Deputy Commissioner of Police and ors v. Victims Mother].

A Bench of Justices Surya Kant and Ujjal Bhuyan constituted a fresh Special Investigation Team (SIT) of three women cops not belonging to the State of Tamil Nadu, led by a Deputy Inspector General rank police officer.

"The SIT shall submit its report before the Madras High Court Chief Justice who may constitute Bench as deemed appropriate. Leave granted. Impugned order to extent of entrusting investigation at women police station Anna Nagar Chennai is hence modified. SIT to proceed objectively and dispassionately irrespective of these proceedings and submit periodic reports to the assigned Bench, preferably once a week, till investigation has reached logical conclusion. Other consequences will of course follow", it ordered today while disposing of the matter.

The Bench had recently stayed a probe by the 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.

It had sought responses from the 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 the CBI.

The Bench in its order today directed the State government to pay ₹50,000 as litigation expenses and ₹25,000 miscellaneous expenses to the mother of the survivor.

The Madras High Court had in October directed the CBI to probe the matter. The High Court had, in a suo motu case, directed the CBI to investigate the allegations made by the parents of the child, who had claimed that an inspector 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.

The High Court's decision to hand over the probe to the CBI was challenged by the Tamil Nadu Police before the apex court.

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

Rohatgi today pointed out that a politician had been making comments about the case and the State's conduct for filing an appeal, but the Bench refused to pass any orders in this regard.