The Bombay High Court is currently facing major issue as there is an urgent need for the Maharashtra government to hand over land for the extension of the High Court's new complex at Bandra Kurla Complex (BKC). The High Court's Registrar General has emphasised the need to move forward quickly calling it a project "of vital importance,"
A Stark Rebuke from the Bench
On August 21, 2024, the Bombay High Court, through a bench comprising Justices AS Gadkari and Neela Gokhale, reprimanded the State for its "casual and lackadaisical approach" to investigating cases of sexual assault. The Court's dissatisfaction was evident as it questioned the State's commitment to addressing these heinous crimes.
The bench, in a moment of searing criticism, asked, “Unless people don't protest, your department won't investigate? Is the State of Maharashtra trying to give us a signal that unless people don't protest, it won't take crimes against women seriously?” This rhetorical question, laden with frustration, paints a grim picture of a State seemingly indifferent to the plight of its most vulnerable citizens unless compelled by public outcry.
A Catalogue of Failures
The case at hand involved a 2022 gangrape incident, where the accused sought to quash the first information report (FIR) based on an alleged settlement. The Court, however, was more concerned with the evident failures in the investigation, particularly the destruction of critical evidence—a fetus—carried by the rape victim.
Expressing disbelief and anger, the Court remarked, “Everyday, we are hearing of rape or POCSO cases. Everyday, we come across at least four cases of POCSO and rape or other serious crimes against women which aren't probed properly... This is pathetic. Don't you have specialised officers or women officers? Why let only constables and head constables probe the cases?”
The Court's frustration grew as it learned that the police had failed to preserve the fetus, a crucial piece of evidence. “All this is being done to save him from the clutches of law,” the Court observed, highlighting a suspicion that the destruction of evidence was deliberate.
This failure is not just a procedural lapse but a fundamental miscarriage of justice. The Court questioned how the prosecution could now prove the identity of the rapist, given that “a vital piece of evidence has been destroyed.”
The implications are severe, especially when considering that the victim was a minor, only 17 years old. The Court pointedly asked, “How will you prove the case now? You would only be able to prove that she was pregnant, but from whom? How will you do this?” The inability to answer these questions adequately underscores the gravity of the situation.
A Broader Concern
The Court's critique did not stop with this case. It extended its ire to another matter involving the kidnapping of a girl child, reiterating its dissatisfaction with the State's handling of such sensitive cases. In a scathing indictment of the law enforcement machinery, the Court remarked, “Declare that in the State of Maharashtra, probe in offenses against women and children will henceforth not be probed properly or would not be probed at all. Or if done, will be done in a most casual manner."
This statement, while deeply troubling, is a clarion call for urgent reform. It reflects a judiciary struggling against a backdrop of systemic inertia and negligence.
Conclusion
The juxtaposition of these two events—one involving the high stakes of judicial infrastructure and the other the low point of investigative apathy—serves as a stark reminder of the complex challenges that face Maharashtra's governance. While the Supreme Court’s directive on the Bombay High Court's new complex is a step towards ensuring that justice is served in a timely and efficient manner, the High Court's rebuke of the State's investigative failures highlights
TAGS: Bombay High Court Maharashtra government land allocation new complex Registrar General investigative failures sexual assault cases Justices AS Gadkari Justice Neela Gokhale evidence destruction gangrape case fetus evidence
