Excelsior Correspondent
JAMMU, Sept 30: Division Bench of High Court comprising Justice Virender Singh and Justice Janak Raj Kotwal today directed the Special Investigation Team (SIT) to get medical examination of nine more mentally retarded girls of Rotary Inner Wheels Home conducted.
The direction was passed in a PIL filed by visually impaired practicing Advocate Suraj Singh seeking in-depth probe in the infamous case of sexual exploitation of mentally challenged girls.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the PIL drew the attention of the court to Para-3 of the status report filed by the Superintendent of Police City South, who is also incharge of SIT.
“The paragraph reads that only five mentally challenged girls were subjected to medical examination and rest of nine girls/inmates were not examined”, Advocate Ahmed said in the open court. He stated that he has reliable inputs that all the 14 girls were subjected to sexual abuse but only five girls were medically examined.
Senior Additional Advocate General Gagan Basotra submitted, “I am not very sure about this. Therefore, I cannot make a categoric statement to controvert or admit the statement made by counsel for the petitioner”. He, however, assured the Court that nine female inmates, if not already examined by a Board of Doctors as asked for, shall now be examined within this week only so that report in this regard is placed before the Court for its perusal.
Advocate Ahmed further submitted that statement of four material witnesses have also been recorded under Section 164-A CrPC and according to the information revealed to him five victims were taken out of the State also but Investigating Officer was not investigating the present case on that track at all. He submitted that in case the prosecution agency is directed to place on record those statements it would facilitate the Court in passing the necessary directions in this regard.
Upon this, Senior Additional Advocate General Gagan Basotra stated that he may be given two weeks’ time to place all those statements on record. He also assured that on the next date of hearing another status report will also be filed on behalf of Superintendent of Police, City South with regard to up to date progress of the investigation carried out in the criminal case.
When Advocate Ahmed stated that there were no serious efforts by the SIT to make more arrests particularly when the evidence has come that the mentally challenged girls were even taken to undisclosed destinations including neighboring state Punjab, Justice Virender Singh said in the open court, “this Court is monitoring the investigation and any lapse in it will not be tolerated”.
Justice Virender Singh also referred a recent judgment of the Supreme Court wherein the Apex Court has said that the courts in addition to passing of strictures on noticing unfair investigation, can also record APRs of the delinquent investigating officers in case lapse is found in the investigation.
As per earlier directions of the High Court, Deputy Commissioner, Jammu Ajit Kumar Sahu also filed his personal affidavit wherein he specifically stated that he had ordered that the management of Rotary Inner Wheel Home shall be taken over by a committee, which has since been constituted headed by Additional Deputy Commissioner, Jammu.
He has further stated in the affidavit that he had also visited the home on many occasions and lastly on September 27, 2013 and convened a meeting of Administration Management Committee and passed certain directions as well.
After perusal of the personal affidavit of Deputy Commissioner Jammu, DB observed, “needless to say that Deputy Commissioner will also remain alive to the seriousness of the present criminal case and ensure that he gets the complete periodical information may be on day to day or weekly basis from the committee. The Court would appreciate if the latest status report is filed in this regard on or before next date of hearing of the instant petition”.
Looking into the seriousness of the issue, DB made it clear that SP City South, who is also Investigating Officer of the criminal case, shall cause his appearance along with CD file of the case on the next date of hearing.
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