SC transfers probe into 16 Bihar shelter home abuse cases to CBI

CBI special public prosecutor (SPP) K Raghavacharyulu Wednesday informed the court that the agency is in-principle ready to take over the probe.

Taking note, the court ordered, “Learned Special Public Prosecutor for CBI has taken instructions from M Nageshwar Rao, director, in-charge of CBI, and he has informed us in court that, in principle, the CBI has no objection in investigating all cases mentioned in the category of ‘grave concerns’ by TISS in its report. The ‘grave concerns’ expressed by TISS relate to 17 (shelter) homes.”

The bench noted that one of the 17 — the Muzaffarpur shelter home case — has already been transferred to the CBI, and stated, “The remaining instances mentioned…in the report of TISS should also be looked into by the CBI… all ‘grave concerns’ cases will be investigated only by CBI.”

Appearing for Bihar government, advocate Gopal Singh requested the court not to send the cases to the CBI. But the bench replied, “If the state government does its job properly, the matter would not go to CBI.”

As Singh requested for more time to file a status report, the bench shot back, “Why? You had enough time. You did nothing.”

The counsel said, “This order will cast a doubt.”

Justice Lokur replied, “We don’t know.”

The court also made it clear that CBI officers who will probe these cases “will not be transferred without leave of this court”.

SPP Raghavacharyulu submitted that the existing team probing the Muzaffarpur case will have to be expanded to investigate the other cases. The court allowed this but ordered, “We make it absolutely clear that Mr A K Sharma, Additional Director, in-charge of the investigations, will continue to remain in-charge…the expanded team, including new members, will report to him directly.”

The bench told the Bihar Chief Secretary, who was present in court as per directions, that “any request made by the CBI for assistance should be promptly dealt with and acceded to”. It directed the probe agency to file a report on the status of the investigations as on January 31, 2019.

The court was hearing a PIL by Patna resident Nivedita Jha, highlighting the Muzaffarpur incident and seeking a court-monitored investigation.

Appearing for the petitioner, senior advocate Shekhar Naphade and advocate Fauzia Shakil had on Wednesday pointed out that the state police had invoked less serious charges against the accused in cases related to the other homes.

Taking stern note, the court pulled up the police, after which the government agreed to rectify the errors.

The state government’s counsel, Gopal Singh, told the court that rectifications had been carried out and submitted a communication he had received from the Inspector General of Police (Provision), Patna, to this effect.