The Madras High Court has agreed to take up a plea seeking a CBI investigation into a POCSO case involving an industrialist arrested last month over the alleged sexual assault of minor girls. Counsel flagged a serious child-protection concern, that objectionable videos linked to the case were being aired by some media outlets in breach of the POCSO Act. Tamil Nadu has set up a Special Investigation Team.
Chennai: The Madras High Court has said that it will hear a plea seeking a Central Bureau of Investigation (CBI) probe into a case under the Protection of Children from Sexual Offences (POCSO) Act involving industrialist R. Veeramani, widely known as Gem Granites Veeramani.
A Bench of Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan made the statement on an urgent mention by Senior Advocate N.L. Rajah, who sought a CBI probe into the case and urged an early hearing given its sensitivity. The Bench asked the counsel to first file the petition and then mention it for listing next week.
Concern over broadcast of objectionable content
A significant part of the mention concerned child protection. The senior counsel submitted that objectionable videos connected with the case were being broadcast by some media outlets, in violation of the POCSO Act. The Act and the rules made under it strictly prohibit the disclosure of the identity of a child victim and the publication or circulation of any material that could reveal it, and the broadcasting of content depicting a child victim is itself an offence. In keeping with that mandate, no such content, nor any detail that could identify the child victims, is reported here.
The background
According to the police, Veeramani and two associates were arrested on August 28 in connection with the alleged sexual assault of minor girls. The police have stated that the case was registered after a police unit received a storage device containing video clips said to relate to the offences, and that the accused were remanded to custody. The case has been registered for offences under several provisions of the POCSO Act, the Indian Penal Code and the Information Technology Act. The two associates arrested along with the industrialist are stated to be the caretakers of a premises connected to the case. These are the allegations and statements of the police; they are untested, and all the accused are entitled to the presumption of innocence.
The Tamil Nadu government has informed that it has constituted a Special Investigation Team (SIT), comprising senior women IPS officers, to probe the case, to function under the supervision of the Commissioner of Police, Greater Chennai. The plea before the High Court seeks, instead, an investigation by the CBI. Separately, a Special POCSO Court has been dealing with the custody of the co-accused as the investigation proceeds.
Why it matters
The plea raises the question of who should investigate a grave and sensitive POCSO case, the State’s Special Investigation Team or the CBI. Courts consider a transfer to the CBI in exceptional circumstances, where it is necessary to ensure a fair, impartial and credible investigation and to maintain public confidence; the mere gravity of an offence is not, by itself, sufficient, and the adequacy of the existing investigation is central to the enquiry. The High Court will consider the plea once it is filed, and the constitution of the State SIT will be part of the backdrop against which the request for a CBI probe is weighed.
The child-protection concern flagged at the mention is equally significant. Where a POCSO case attracts intense public and media attention, there is a real risk that the identity of child victims may be compromised, or that content depicting them may circulate, both of which the POCSO Act expressly prohibits and criminalises. A court seized of such a matter can, and often does, direct that the identities of the victims be protected and that any offending content be taken down, reinforcing the statutory safeguards designed to shield children from further harm.
Nothing has been decided. The High Court has only indicated that it will hear the plea after it is formally filed; it has passed no order on the request for a CBI probe, and no court has recorded any finding on the allegations, which remain under investigation. All the accused are presumed innocent unless and until proven guilty, and the identities of the child victims are protected by law and have not been, and must not be, disclosed.
Bench: Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan, High Court of Judicature at Madras
Mentioned by: Senior Advocate N.L. Rajah, seeking a CBI probe
Status: Court to hear the plea after it is filed and mentioned next week; no order passed. Tamil Nadu has constituted a Special Investigation Team. Allegations untested and under investigation; accused presumed innocent; child victims’ identities protected.
This report concerns a sensitive matter involving child victims of alleged sexual offences; their identities are protected by law and have not been disclosed, and no related content has been described or reproduced. If you or someone you know needs support, the childline 1098 and the police helpline 112 can direct you to assistance.