HC transfers child sex abuse case to CBI

CHENNAI: Dissatisfied over the probe conducted by the CB-CID in the four-year-old child sexual abuse case in a school in Kallakurichi, the Madras High Court has transferred the investigation in the case to the CBI.The first bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam, which ordered the transfer of the case on Tuesday, also directed the CBI to complete the probe and file the final report within 60 days.The Bench made it clear that the victim should not be subjected to any further medical test and the probe should proceed based on the available medical opinion.It also observed that it had no hesitation to hold that this was one of the rare cases, where the investigation had not proceeded in a proper manner despite several orders. Since the specialised agency of the State had failed with the investigation in such a manner as to infuse confidence in the minds of this Court, this was a case, where the probe should be transferred to the CBI. It was passing orders on a writ petition, which was later treated as a public interest writ petition, from A Ramalingam, a human rights asctivist in Kallakurichi. The case was earlier referred to the CB-CID from the hands of the local police. As the CB-CID had also not conducted the probe in a fair manner, now it was given to the CBI.The Bench added that the report submitted by the CB-CID prima facie established that all was not well with the manner in which the probe was being proceeded by it. Its repeated insistence to subject the child to further medical tests created a serious doubt in the minds of this court as to whether the CB-CID was serious in prosecuting the matter or was it an attempt to shield the accused — a woman teacher and woman principal of AKT Matriculation School.When sufficient medical records were available with the CB-CID, it defied the logic as to why the agency insisted upon the further medical tests on the victim child, which would not only amount to a harassment but also leave an indelible mark in the mind of the child which was not healthy for her growth. The manner and conduct of an investigating agency should infuse confidence in the minds of the court and if there was any such lack of confidence, this court would not be a silent spectator to the turn of events, but would not hesitate to intervene and restore the rule of law, the Bench added.