Despite evidence, Madras HC dismisses case
A division bench of the Madras High Court (Madurai) comprising of Justices Nooty Ramamohana Rao and S S Sundar, which on Tuesday sought to restrain the media from naming lawyers and judges in legal reports and penalised a petitioner accusing him off seeking publicity, dismissed the case despite strong evidence of wrong doing by the police; but it directed the police to take strict action against the suspects as per law.
The Madurai police had earlier this month shocked everyone by booking six Dalit children, aged between seven and 12 years, under the Protection of Children from Sexual Offences (POCSO) Act accusing them of sexually assaulting some children belonging to the dominant caste Hindu community under pressure from a leader. Media reports had exposed this.
A lawyer moved the High Court seeking various directions including declaring two villages as “untouchability hamlets” and deployment of armed forces in the two places, ostensibly to end caste discrimination.
Passing orders, the bench noted that a four-member Child Welfare Committee has examined the entire matter in detail and have submitted their report. “The Committee recorded their prima facie opinion that the story forming part of the FIR is a ''fabricated one'' and thus implying that it is the result of fertile imagination of someone. Shocking, the Committee has also recorded its prima facie opinion that the Police have registered the FIR coming under pressure from a community leader who also incidentally happened to be a practitioner of law,” the court recorded.
Nonetheless, the bench said, “We therefore, consider that intervention of this Court is not called for in the matter and the Superintendent of Police, Madurai District, shall monitor the entire follow up action strictly in accordance with law and will spare no person whatsoever and deal with all people concerned for creating false and fabricated stories, strictly in accordance with law.”
The judges also ‘reminded’ the State Government to put in place a policy decision to ensure that the media did not while reporting on such incidents furnish details that would lead to identification of the victims or juveniles in conflict with law. The court added that it shall be open to the State / Police to take up the reports on the instant case with the concerned including the Press Council of India.
As for its order seeking to restrain the media from naming lawyers and judges, the bench also directed the Registrar (Administration) to place “this matter before My Lord The Hon'ble Chief Justice, so that appropriate instructions can be issued in this regard” by the latter.
Madurai police had earlier this month booked six Dalit children under the Protection of Children from Sexual Offences (POCSO) Act accusing them of sexually assaulting some children, under pressure from a leader.