Supreme Court transfers trial of Muzaffarpur Shelter Home Case to Delhi Court; raps CBI, Bihar Govt

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The Supreme Court on Thursday transferred the trial of Muzaffarpur shelter home case to Saket POCSO Court, Delhi from Patna. The Court has ordered the judge to commence the trial in 2 weeks and complete it within a period of 6months. The Apex Court also racked up CBI and Centre Government for transferring a CBI officer probing the Muzaffarpur shelter home case despite the Court’s embargo against the transfer of investigating officials.

The Top Court Bench led by Chief Justice Ranjan Gogoi seeks to know why the CBI officer probing Muzaffarpur shelter home was transferred. “Was cabinet committee which transferred him informed of Supreme Court embargo?,” asks CJI saying it amounts to a violation of its order.

“Enough is enough. We will ask Bihar Chief Secretary to appear before us. Get someone here who is conversed to what is happening in the state. You can’t let your officers to treat unfortunate children like this. Spare the children” CJI Rajan Gogoi said.

Supreme Court also seek personal appearance on February 12 of former interim CBI director M Nageswara Rao and one other official charge of Director Prosecution, associated in the transfer of CBI officer AK Sharma probing Muzaffarpur shelter home case.

Supreme Court said that former CBI interim director M Nageswara Rao has prima facie committed contempt of court by transferring CBI officer AK Sharma, who was probing Muzaffarpur shelter home rape case, without taking court’s consent.

Reacting on the development, Bihar Leader of Opposition, Tejashwi Yadav took to Twitter and pointed guns towards Chief Minister Nitish Kumar.

Earlier in November last, A Supreme Court bench headed by Justice Madan B Lokuron, on ordered a CBI probe into Bihar shelter homes case which involved minors complaining of sexual abuses and misdemeanors. The court had also rejected Bihar government’s plea asking more time to the how seriousness of the state police in the investigations.

The bench asked the CBI to take over the investigation from Bihar police and submit their first status report by January 31, 2019. SC also ordered that no CBI officer probing the case can be transferred without permission from the court.

The Muzaffarpur Shelter Home Abuse Case had hit headlines in July was only one of the 17 shelter homes covered in a TISS study. But criminal cases have only been registered against 10 shelter homes. In one case, TISS found sexual violence at a shelter home for boys but the  FIR  filed by the government does not include stringent penal code provisions such as sodomy. In another case, a child who refused to cook food suffered a three-inch long scar on his cheek. In both the cases, the police only filed a case under the juvenile justice law.

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