The Madras High Court has severely criticized the Tamil Nadu police for their mishandling of the case, including allegations of harassment against the victim’s family and procedural violations during the investigation. The court has ordered the case to be transferred to the Central Bureau of Investigation (CBI) to ensure a thorough and unbiased investigation.
Case Details
The disturbing case centers on the brutal sexual assault of a 10-year-old girl in Chennai, which remained hidden for almost a week before coming to light on 29 August 2024. The incident was revealed when the child’s mother, a cook by profession, sought medical attention for her daughter, who was suffering from severe stomach pain. At Kilpauk Medical College, doctors discovered signs of repeated sexual assault, triggering the filing of a First Information Report (FIR) at the Anna Nagar all-women police station on 30 August 2024. The police named a 31-year-old water delivery man, Satish, as the primary suspect in the case.
Despite the gravity of the crime, there were serious delays and lapses in the police investigation. The accused, Satish, was not arrested until 12 days later, after media reports brought attention to the case. This delay fueled allegations that the authorities were attempting to downplay the case and avoid public scrutiny. In the wake of these accusations, the victim’s mother came forward with shocking claims that she had been mistreated by the police during the investigation, including allegations of physical assault by a police inspector named Raji.
YouTuber Maridhas & TOI Journo Selvaraj Expose Police Mishandling
On 9 September 2024, YouTuber Maridhas released an explosive video on his channel, revealing audio evidence that cast the Tamil Nadu police in a negative light. The audio, which featured the child victim’s voice, exposed numerous failures in how the police handled the case. Maridhas accused the authorities of being more concerned with quickly closing the case than ensuring justice for the minor girl. He highlighted the alarming delay in arresting the main suspect and pointed out how the police allegedly harassed the victim’s family instead of protecting them.
In the audio clip, the child initially expressed fear of the police, concerned that they might hit her. Under the questioning of a female police officer, she retracted her earlier accusations against Satish and instead named a minor boy as the perpetrator, stating the abuse had occurred two years earlier. The police officer could be heard telling the child that it was late, and they were conducting the questioning well past her bedtime. Maridhas noted in his video that the interrogation continued until 1 AM, a violation of the Protection of Children from Sexual Offences (POCSO) Act.
TOI journalist Selvaraj also released this clip.
Madras HC Takes Suo Motu Cognizance
Two days after Maridhas released the video, on 10 September 2024, the Madras High Court took suo motu cognizance of the case. The victim’s mother had filed a habeas corpus petition, alleging that the police had mistreated her and violated numerous legal protocols during the investigation. In her complaint, the mother claimed that she was called to the police station while her daughter was still in the hospital. During her visit, she alleged that she was physically assaulted by Inspector Raji, who twisted her hands and beat her while demanding answers about her daughter’s condition. The police, however, denied these allegations.
Upon reviewing the circumstances, the court found several procedural violations. These included questioning the child in the hospital without the presence of her parents, recording her statement late at night, and failing to adhere to trauma-informed interviewing techniques. Under the POCSO Act, a child’s statement should be recorded at home or in a location of their choosing in a child-friendly manner. The police’s failure to follow these guidelines raised serious concerns.
Court Criticizes Police For Targeting YouTuber & Journalist
In a move that attracted further scrutiny, the Tamil Nadu police filed FIRs against YouTuber Maridhas and journalist A Selvaraj of The Times of India for sharing the audio clip related to the case. During court proceedings, the State Public Prosecutor, Hasan Mohamed Jinnah, informed the court of the FIRs, claiming that the audio release violated confidentiality rules.
The bench, however, was unimpressed by this argument. In a strongly worded rebuke, the court criticized the police for targeting those exposed to the leaks rather than focusing on the culprits responsible for the unauthorized disclosure of sensitive material. The court questioned why the police had chosen to file criminal cases against a YouTuber and a journalist, instead of investigating the source of the leak.
The judgment emphasized that such actions against journalists and YouTubers were a threat to press freedom, a constitutionally protected right. The court noted that “The practice of registering cases only against journalists and YouTubers, leaving out the real accused, suggests an attempt to intimidate the press.” The judges stressed that such actions undermine the constitutional right to press freedom, which cannot be compromised in a democracy. The court made it clear that whenever such leaks happen, it is the responsibility of the police to trace the source of the information, not to punish those who report it.
Court Orders Investigation Transfer To CBI
Expressing its dissatisfaction with the Tamil Nadu police’s handling of the investigation, the Madras High Court ordered that the case be transferred to the Central Bureau of Investigation (CBI). A bench comprising Justices S.M. Subramaniam and V. Sivagnanam noted the egregious violations of legal procedures and expressed concern that the local authorities had compromised the integrity of the investigation.
The court highlighted the fact that, despite the horrific nature of the crime — involving the repeated rape of a 10-year-old child — the police delayed the arrest of the main suspect and harassed the victim’s family. The judges cited the loss of confidence by the victim’s parents in the Tamil Nadu police as a key reason for transferring the case to the CBI. The court underscored the need for a thorough, unbiased investigation to ensure justice for the victim and her family.
Numerous Procedural Violations By Police In Handling The Case
Beyond the mishandling of the case against Maridhas and Selvaraj, the court also criticized the police for several procedural violations related to the handling of the victim’s statement. According to the POCSO Act, a child’s statement should be recorded in a child-friendly environment, ideally at the child’s home or a place of their choosing, and in the presence of their parents or a trusted guardian. None of these conditions were met in this case. Instead, the police interrogated the child late at night in a hospital, without the presence of her mother.
The court also criticized the police for failing to conduct a proper forensic interview with the child, which should have been done to avoid leading or suggestive questions. This was a significant lapse, as trauma-informed interviews are crucial in ensuring that a child’s testimony remains untainted and truthful.
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