CHENNAI: Exactly two months after two Rajasthani women and two children selling plastic items at Hosur bus stand were allegedly sexually assaulted by a constable, the All India Democratic Women's Association has moved the Madras high court saying the victims were "missing".
It sought a CB-CID probe of the case and compensation of 5 lakh each for the victims.
Constable Vadivelu has been suspended and the officer in charge of the station transferred after the assault.
The first bench of Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan, hearing the petition filed by AIDWA president U Vasuki on Monday asked the Krishnagiri police and the government to file replies by December 22.
Vasuki said the migrant Rajasthani workers were sexually abused by Vadivelu at the Hosur police control room on October 8. AIDWA learned about the case and media reported the assault.
She said an assistant superintendent of police questioned the victims but in violation of all established rules and norms. Alleging that the victims were intimidated and discouraged from speaking the truth, Vasuki said as per the amended CrPC, only a judicial magistrate could have questioned them. A revenue divisional officer also conducted an inquiry in a "secondary victimization".
Statements of the children were recorded at the police station, though the Protection of Children from Sexual Offences (POCSO) Act makes it clear that an officer questioning a child should not be in uniform.
The petitioner said constable Vadivelu had been merely placed under suspension instead of being arrested and police had not yet registered a first information report (FIR).
"There is no immunity given by any law to policemen who commit crimes," she said, adding, "This shows the biased attitude of the higher echelons of the police department."
Noting that sexual abuse of migrant women and children is a serious issue the AIDWA president asked for the case to be handed over to the CB-CID for a probe.