NEW DELHI: The Supreme Court on Tuesday stayed a Patna High Court order to set up a recent CBI workforce to probe the Muzaffarpur refuge house sexual abuse case, pronouncing this type of transfer would not handiest be unfavorable to the continuing investigation but in addition to the interests of the sufferers.
The apex court docket, while staying the prime court docket's order directing the CBI's special director to place in place a recent workforce to probe the case, stated there was no explanation why now to change the existing investigating workforce which was set up the CBI Director.
The prime court docket had on August 29 ordered that a recent workforce of investigators be constituted through the CBI's special director within the case in which incidents of alleged rape and sexual assault of girls inmates over a time period had come to light in an NGO-run refuge house at Muzaffarpur in Bihar.
A bench of Justices Madan B Lokur and Deepak Gupta also famous that no allegations had been made towards the workforce probing the case with regard to the way in which the investigation was being carried out.
"We do not see any reason why this team should be changed at this stage... it will be detrimental to the ongoing investigation and also to the interest of children who have been sexually abused in Muzaffarpur shelter home," the bench stated.
The apex court docket directed that the investigation must proceed under the same workforce which was set up through the CBI Director on July 30.
The bench also requested the CBI to place sooner than it in a sealed quilt the two standing reviews of probe within the case which were filed sooner than the prime court docket and indexed the topic for further listening to on September 20.
Attorney General Ok Ok Venugopal informed the apex court docket that the August 29 order of the prime court docket says that the probe within the case be monitored and supervised through CBI's special director who will probably be unfastened to re-constitute a recent workforce for probe.
He stated that as consistent with the CBI guide, CBI director would set up a probe workforce. The special public prosecutor within the case had filed a clarificatory software on this regard sooner than the prime court docket, he added.
Venugopal stated the prime court docket was "furious" with the CBI's software and then it was withdrawn.
"I do not know why the high court has said 'special director'," the Attorney General stated, adding that the apex court docket must track the investigation within the case.
He stated that to begin with, a probe workforce was set up through the CBI director and following the prime court docket's path, it was re-constituted through the company's leader.
"We cannot change the team like that," the bench stated.
"In our view, there is nothing wrong in the CBI director constituting the team. There does not seem to be any allegation against them. There is no need to change the team," the bench stated.
The apex court docket was also informed that this workforce of investigators has achieved "extensive" probe and so they had been contact with around 245 individuals, together with experts from the National Institute of Mental Health and Neuro-Sciences at Bangalore.
At the fag finish of listening to, the bench was informed that the prime court docket has posted the topic for listening to on September 20. At this, the apex court docket requested the prime court docket to adjourn the topic till further orders.
Over 30 ladies had been allegedly raped at the refuge house run through Brajesh Thakur, the chief of a state-funded NGO. The alleged sexual exploitation of the ladies was first highlighted in an audit report submitted through Tata Institute of Social Sciences (TISS) to the state's social welfare division.
In all, the sexual abuse of 34 of the 42 inmates was confirmed in their scientific exam. The TISS audit report had stated that many women at the refuge house had complained of sexual abuse.
An FIR was lodged towards 11 other folks, together with Thakur, on May 31. The probe was later taken over through the CBI.
A unique investigation workforce was formed to probe the lawsuits. The NGO working the refuge house in Muzaffarpur was blacklisted and the ladies had been shifted to refuge properties in Patna and Madhubani. Women team of workers contributors of the refuge house and Thakur had been amongst those that had been arrested through the police in connection with the case.
The apex court docket had earlier taken cognizance of the topic after it won a letter from one Ranvijay Kumar who had expressed fear that the alleged sufferers had been subjected to media interviews.
The apex court docket, while staying the prime court docket's order directing the CBI's special director to place in place a recent workforce to probe the case, stated there was no explanation why now to change the existing investigating workforce which was set up the CBI Director.
The prime court docket had on August 29 ordered that a recent workforce of investigators be constituted through the CBI's special director within the case in which incidents of alleged rape and sexual assault of girls inmates over a time period had come to light in an NGO-run refuge house at Muzaffarpur in Bihar.
A bench of Justices Madan B Lokur and Deepak Gupta also famous that no allegations had been made towards the workforce probing the case with regard to the way in which the investigation was being carried out.
"We do not see any reason why this team should be changed at this stage... it will be detrimental to the ongoing investigation and also to the interest of children who have been sexually abused in Muzaffarpur shelter home," the bench stated.
The apex court docket directed that the investigation must proceed under the same workforce which was set up through the CBI Director on July 30.
The bench also requested the CBI to place sooner than it in a sealed quilt the two standing reviews of probe within the case which were filed sooner than the prime court docket and indexed the topic for further listening to on September 20.
Attorney General Ok Ok Venugopal informed the apex court docket that the August 29 order of the prime court docket says that the probe within the case be monitored and supervised through CBI's special director who will probably be unfastened to re-constitute a recent workforce for probe.
He stated that as consistent with the CBI guide, CBI director would set up a probe workforce. The special public prosecutor within the case had filed a clarificatory software on this regard sooner than the prime court docket, he added.
Venugopal stated the prime court docket was "furious" with the CBI's software and then it was withdrawn.
"I do not know why the high court has said 'special director'," the Attorney General stated, adding that the apex court docket must track the investigation within the case.
He stated that to begin with, a probe workforce was set up through the CBI director and following the prime court docket's path, it was re-constituted through the company's leader.
"We cannot change the team like that," the bench stated.
"In our view, there is nothing wrong in the CBI director constituting the team. There does not seem to be any allegation against them. There is no need to change the team," the bench stated.
The apex court docket was also informed that this workforce of investigators has achieved "extensive" probe and so they had been contact with around 245 individuals, together with experts from the National Institute of Mental Health and Neuro-Sciences at Bangalore.
At the fag finish of listening to, the bench was informed that the prime court docket has posted the topic for listening to on September 20. At this, the apex court docket requested the prime court docket to adjourn the topic till further orders.
Over 30 ladies had been allegedly raped at the refuge house run through Brajesh Thakur, the chief of a state-funded NGO. The alleged sexual exploitation of the ladies was first highlighted in an audit report submitted through Tata Institute of Social Sciences (TISS) to the state's social welfare division.
In all, the sexual abuse of 34 of the 42 inmates was confirmed in their scientific exam. The TISS audit report had stated that many women at the refuge house had complained of sexual abuse.
An FIR was lodged towards 11 other folks, together with Thakur, on May 31. The probe was later taken over through the CBI.
A unique investigation workforce was formed to probe the lawsuits. The NGO working the refuge house in Muzaffarpur was blacklisted and the ladies had been shifted to refuge properties in Patna and Madhubani. Women team of workers contributors of the refuge house and Thakur had been amongst those that had been arrested through the police in connection with the case.
The apex court docket had earlier taken cognizance of the topic after it won a letter from one Ranvijay Kumar who had expressed fear that the alleged sufferers had been subjected to media interviews.
Changing probe team midway detrimental to probe in shelter home sexual abuse case: SC
![Changing probe team midway detrimental to probe in shelter home sexual abuse case: SC]()
Reviewed by Kailash
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September 18, 2018
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