The Calcutta High Court recently passed an order for the suspension of two police officers who disclosed the identity of a minor rape survivor by including her photograph in the case diary presented before the trial court.
The division bench, comprising Justice Joymalya Bagchi and Justice Ajay Kumar Gupta, referred to the Supreme Court’s case of Nipun Saxena vs Union of India, which emphasizes the imperative need to protect the identity of sexual crime victims, especially minors.
The bench observed that the police officers blatantly violated the directive by making the victim’s photograph a part of the case diary presented during the judicial proceedings. It criticized the officers’ lack of awareness in safeguarding the identity of vulnerable child victims, considering their crucial role as responsible public servants investigating sensitive cases.
Additionally, the Court noted that the police officers were well aware of the exonerative nature of the victim’s statement recorded under Section 161 of the Code of Criminal Procedure (CrPC) regarding the petitioner-accused. Despite this, the accused was arrested and detained for a substantial period, which the bench found alarming.
The Court emphasized that the power to arrest is essential for investigations but should be exercised with care and circumspection, as it infringes upon an individual’s fundamental right to personal liberty. The officers’ disregard for this mandate was evident in the case, leading the Court to conclude that they ignored the law’s requirements during the investigation.
Consequently, the division bench directed the Commissioner of Police, Bidhannagar Police Commissionerate, to suspend the police officers involved, namely Santanu Sarkar (Inspector-in-charge, Baguiati police station) and the Investigating Officer of the case, Biswajit Das (Sub-Inspector of Police, Baguiati police station).
Furthermore, the Court ordered the initiation of disciplinary proceedings against them for their dereliction of duty during the investigation.
The bench sought a report on these actions to be submitted by August 22,2023.
