On Tuesday, the Bombay High Court expressed its concern over the failure to arrest the trustees of a school in Badlapur, where two young girls were allegedly sexually assaulted by a janitor. The state-appointed Special Investigation Team (SIT) faced tough questions regarding why trustees Uday Kotwal and Tushar Apte had not been apprehended despite the severity of the case. Meanwhile, a separate bench of the High Court denied the anticipatory bail requests of the two trustees.
Suo-Motu Action
The High Court’s division bench, led by Justice Revati Mohite Dere and Justice Prithviraj Chavan, took up the case suo-motu after protests erupted across Maharashtra. The protests followed allegations that two four-year-old girls were sexually assaulted in the restroom of their school by a member of the cleaning staff. Both the school authorities and local police had come under heavy criticism for their delayed response after being informed by the victims' families. While the main suspect, Akshay Shinde, was arrested on August 17, he was killed by the police in a retaliatory shooting on September 23. However, the school’s trustees, who have been implicated in the case, are still on the run. Opposition parties have accused the Maharashtra government of shielding the trustees due to their political ties with the Bharatiya Janata Party (BJP) and the Rashtriya Swayamsevak Sangh (RSS).
Court Criticizes Police
During the hearing, the court voiced its frustration over the police’s failure to apprehend the trustees. The bench questioned why law enforcement, which is typically capable of arresting criminals nationwide, had been unable to track down the trustees. The court appeared to suggest that authorities were possibly waiting for the outcome of the trustees' anticipatory bail pleas. In defense, Advocate General Dr. Birendra Saraf told the court that the police were actively opposing the bail applications and had already filed charge sheets in mid-September. Despite this, the victims' lawyer, Ajinkya Gaikwad, argued that the families had not yet received certified copies of the charge sheets. The court ordered the police to provide these copies, emphasizing that the families had the right to be kept informed during the investigation.
Evidence of Negligence
In a separate ruling, Justice RN Laddha denied the anticipatory bail pleas of Uday Kotwal and Tushar Apte. Justice Laddha noted that there was sufficient evidence to suggest that the trustees were aware of the assaults before the police contacted them on August 16 but had failed to take appropriate action. He highlighted the severe emotional and psychological trauma experienced by the victims, pointing out the long-term impact these incidents could have on their well-being. Given the gravity of the situation and the prominent roles the trustees held within the school, the court concluded that granting them bail was inappropriate. The ruling emphasized the need for educational institutions to be held accountable for failing to report sexual offenses against minors, reinforcing the importance of proper action in such serious cases.
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