Guwahati, July 22, 2023: In a distressing development, the Gauhati High Court has taken a suo-moto cognizance of a deeply troubling case involving the sexual abuse of 21 young students, aged between 6 to 12 years, at a residential school in Arunachal Pradesh. The accused in this horrifying incident is Yumken Bagra, who held the position of hostel warden at the Government residential school located in Karo Village, Monigong, Shi Yomi District. Shockingly, Bagra is currently out on bail, a decision granted by the special POCSO court.
The Chief Justice, Sandeep Mehta, personally took up the matter after media reports shed light on the distressing events. The court initiated a suo moto case to address the cancellation of Bagra’s bail application.
According to court orders, Bagra is alleged to have committed these heinous acts between 2019 and 2022, victimizing 15 girls and 6 boys under his care. The medical reports of the young victims further substantiate the grave nature of their trauma, with signs of violence observed on their private parts.
Disturbingly, upon reviewing the bail order from February 23, it became apparent that the special POCSO court had displayed a glaring disregard for the mandatory provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). In light of this, the Gauhati High Court called on the Arunachal Advocate General to direct the Director General of Police to implement comprehensive security measures for all the victims and their families.
The court expressed its dismay at the flimsy justifications provided by the special court for granting bail to the accused, who, as the hostel warden, had a solemn duty to safeguard the well-being of the children under his care. Instead, he engaged in abhorrent behavior, subjecting these innocent children to sexual abuse over nearly three years, even exposing them to explicit material. The High Court highlighted that the trial for such grave offenses should not be delayed while waiting for the apprehension of the absconding accused, and proceedings should proceed independently.
Furthermore, the Chief Justice emphasized the urgency of sensitizing the Special Judges appointed to the POCSO Courts in the states of Arunachal Pradesh, Nagaland, Mizoram, and Assam. The court recognized the need for greater awareness and understanding among these judges in handling cases under the POCSO Act.
In response to this pressing need, the Director of Judicial Academy, Assam, was instructed to take immediate action to conduct training and sensitization programs for all Judicial officers handling POCSO Act cases in the four states mentioned.
This heart-rending case serves as a somber reminder of the importance of protecting the vulnerable and ensuring that justice is swiftly served to those who commit such grievous crimes against children.
