NEW DELHI: Doubting the intent of Bihar government in bringing the culprits to book for allegedly torturing and sexually abusing children in shelter homes, the Supreme Court on Wednesday handed over the probe in all such cases to CBI which is already investigating in Muzaffarpur shelter home case .

In a major jolt to Nitish Kumar government who had to face severe criticism for its inaction after Muzaffarpur shelter home rape case came to light, a bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta said that state police was not properly probing in the horrific cases of sexual abuse and it was going soft against the perpetrators. It turned down the plea of state government which sought last opportunity to show its bona fide and assured the court to file status report within ten days.

Cases of harassment and sexual abuse were reported in 17 out of 110 shelter homes which were audited by Tata Institute of Social Sciences (TISS). The institute had put those homes under the category of grave concern and submitted the report to state in May but no action was taken by the government against them till Muzaffarpur case came to light.

The court passed the order on a plea of a social activists who alleged that many influential people are involved in the ghastly crime against children and free and fair was not possible by state police. Senior advocate Shekhar Naphade and lawyer Fauzia Shakil, appearing for the petitioner, contended that justice could be ensured only if the probe is done by central agency.

Agreeing with their plea, the bench directed the CBI to probe entire gamut of allegation made in TISS report, paving the way for the agency to examine the illegal activities reported in all 17 homes.

CBI at the outset said that it was not in a position to take a call whether to take over all cases as SC had restrained its interim director to take any policy decision till it decides the internal fight within CBI. The bench, however, said that taking a decision on conducting investigation had noting to do with police matter and asked its counsel K Raghavacharyulu to go outside and take instruction from the Director within five minutes.

The advocate, after taking instruction from interim CBI director M Nageshwar Rao, told the court that agency had no objection in conducting probe. The court thereafter passed the order and directed that CBI officers who are conducting investigations will not be transferred without court's permission. The bench also allowed the interim Director to increase the strength of the probe team as it would have have to conduct probe against 16 additional shelter homes and their owners.

"It is made clear that henceforth all the "Grave Concerns" cases will be investigated only by the CBI," the bench said and asked the state government to provide all logistic support and assistance to CBI team.

Resisting CBI probe, Bihar governemnt counsel Gopal Singh told the bench that remedial action has been taken within 12 hours after SC raised objections on Tuesday and two FIRs were subsequently filed and stringent provisions were invoked against the accused in the already registered case.

The court, however, said that it was too late for the government as it did not take proper action in the last seven months when TISS report was handed over to it and court was left with no option but to order CBI probe.

Terming the conduct Bihar governemnt as "shocking and shameful" for being soft against culprits allegedly involved in horrific crimes like sexual abuse of children in 17 shelter homes, the Supreme Court on Tuesday decided to hand over probe in all such cases to CBI.

