POCSO Bypassed? Support Person Not Informed as Bail Granted to Accused Doctor, Claims UTSAH Chief

In a disturbing turn of events that has raised serious concerns over procedural integrity in child protection cases, the Gauhati High Court on Tuesday granted bail to  Dr. Waliul Islam, who was arrested along with his wife  Dr. Sangeeta Datta on May 6, 2023, on charges of physically and sexually torturing their four-year-old adopted daughter. The bail was granted against a bond of ₹50,000 with two sureties of the same amount.

Dr. Islam was arrested under provisions of the  Protection of Children from Sexual Offences (POCSO) Act, one of India’s strictest child safety laws. The case sparked widespread public anger after it emerged that the victim—a four-year-old adopted girl—was allegedly subjected to horrific abuse by the very people who were supposed to protect her. However, his wife, Dr. Sangeeta Datta, has yet to secure bail and remains in judicial custody, with authorities confirming that the investigation is still ongoing.

But as the legal proceedings advanced, Tuesday’s bail order has now sparked a new wave of serious questions—not against the judiciary, but against the system surrounding child protection, prosecution, and due legal process.

“I was not even informed”—UTSAH Chief Flags Serious Lapses

In an explosive reaction, Founder of UTSAH Child Rights Organisation, Miguel Das Queah, who has been fulfilling the legally mandated role of Support Person for the victim child, told Pratidin Time that the bail hearing was moved behind his back, violating established POCSO protocols:

“Walliul Islam got a bail from the Gauhati High Court today. And, I, as a Support Person, to the children, didn't even have a clue that they were applying for a bail today, for me to even object. This system needs to change if Children's Rights are to be given priority in reality. This is totally absurd.”

Under POCSO Rules, a support person must be kept informed throughout legal proceedings to ensure safety and psychological protection of the child. But according to Miguel:

“I was shocked to learn that the public prosecutor and the court has not informed the support person about the bail application was filed by the accused who was in judicial custody. In general the court should have once enquired about the support person and should have taken a feedback once as the case is related to POCSO.”

He further added:

“Next we will have to move for the bail cancellation by next week, but I am shocked that the government appointed public prosecutor has not informed me once about this. The matter is serious because it is related to safety of the child. As support person my prime responsibility is to ensure the protection of the victim children.”

“The system acted without informing us”

Miguel alleged that the bail was moved when he was outside Guwahati:

“The bail petition was moved when I am travelling outside the city and at a time when Chhath puja is going on. It is the support who is aware of the victims current conditions, so it was important from the court’s part to consult once with me.”

Shockingly, he claims even the police and the complainant did not inform him:

“Even the police has not informed me about the development, tomorrow I have a meeting with the DGP Assam police and I will inform about this with him as well. Even the advocate Akash Mandal the first person who had filed the complaint in the case has also not informed me about this. He is also not here in Guwahati but he had supposedly receive a summon notice earlier from the court for objecting the bail petition, but he didn’t cared about it much, which is also shocking to me.”

He added:

“The POCSO court has repeatedly denied the bail petitions earlier for the doctor couple, but the Gauhati High Court has today granted the bail. A support person is like a guardian of the victims so at least public prosecutor Bipul Bhagawati has also not informed anything.”

Defence Version

Speaking to Pratidin Time, counsel for Dr. Waliul Islam stated:

“An FIR was lodged by one Akash Mandal who is an advocate alleging about the torture by the doctor couple. They were allegedly claimed to have tortured their minor daughter by tying with plastic rope on the terrace of the flat, in the blaring summer heat, where the doctor couple resided. Based on the FIR, the victim girl was rescued and a medical test was done on May 6, 2023. Then Walliul was arrested till date was in the judicial custody. The Gauhati High Court today after going through all the details of the case granted the bail on three grounds, the most important ground was the accused must not be present before the victim girl. Walliul was in judicial custody for 2 years five months, 22 days.”

This is Bigger Than One Case

This is not about emotions versus law. This is about process versus protection, and whether we are failing children even within the framework of child protection laws.

The Gauhati High Court has granted bail, a legal right available to any accused. The concern here is not the court’s discretion, but the failure of the prosecution and child protection machinery to ensure that the victim's safety and rights were upheld during the process, as mandated by the POCSO Act, Section 40 and Rule 4.

If support persons and child welfare mechanisms are being sidelined in such cases, it raises a serious concern: Are we protecting the accused more than the child?

More developments in this case are expected next week as efforts to seek bail cancellation may begin.

Also Read: Guwahati: Child Abuse Accused Doctor Couple Denied Bail