“Madras High Court Transfers Sensitive POCSO Case to CBI, Protects Journalists’ Rights.”
October 1, 2024 2025-03-01 23:07“Madras High Court Transfers Sensitive POCSO Case to CBI, Protects Journalists’ Rights.”
“Madras High Court Transfers Sensitive POCSO Case to CBI, Protects Journalists’ Rights.”
By Tanishka Shah
The Madras High Court transferred a sensitive case involving a minor rape survivor under the Protection of Children from Sexual Offences (POCSO) Act to the Central Bureau of Investigation (CBI). The court cited severe procedural lapses by the Tamil Nadu Police, including undue delays, mishandling of evidence, and mistreatment of the victim’s family. The court also condemned the targeting of journalists who reported on the incident, asserting that this approach undermines press freedom.
The case began when the 10-year-old survivor’s mother noticed signs of abuse and sought medical assistance at the Government Kilpauk Medical College Hospital. The hospital confirmed the assault, and the mother filed a complaint with the police. The complaint process was fraught with irregularities: the mother alleged that while she was sent home to collect identification documents, the police recorded her daughter’s statement in a hospital corridor at midnight. This act, carried out without her knowledge or consent, violated confidentiality norms mandated by the POCSO Act. When the mother and her husband sought clarity on the investigation, they were allegedly assaulted by the police.
Despite the survivor identifying a neighbor, Sathish, as the perpetrator, the police delayed his arrest by two weeks. During this period, sensitive information, including videographic evidence, was leaked to a YouTuber and journalist. This prompted questions about the integrity of the investigation. Advocate A.P. Suryaprakasam brought these concerns to the court’s attention through a letter petition, leading the Chief Justice to initiate a suo motu petition. Subsequently, the victim’s mother also filed a petition under Article 226 of the Constitution, seeking her daughter’s protection.
The court expressed grave concern over the dissemination of information about the survivor on social media, which it termed particularly distressing for the family. It criticized the police for attempting to scapegoat journalists instead of identifying and punishing those responsible for the leaks. The bench emphasized that freedom of the press is a constitutionally protected right and warned against criminalizing media personnel for reporting on matters of public interest.
The judgment also highlighted the broader failure of the police to uphold the confidentiality, dignity, and rights of child victims. The bench underscored that investigations involving minors must be conducted in a child-friendly environment to avoid causing additional trauma. It described the police’s actions as violations of both procedural norms and the trust placed in law enforcement.
As a result of these findings, the court transferred the investigation to the CBI, stating that the Tamil Nadu Police had compromised the trust of the victim’s family. It directed the CBI to continue the investigation in accordance with the law and ensure accountability. Additionally, the court ordered the police to provide immediate protection to the victim and her family to safeguard their safety and mental well-being.
Case Title: Suo Motu Vs. The Deputy Commissioner of Police, Anna Nagar Range and Others
Citation: Suo Motu W.P. (Crl.) No. 334 of 2024
