New Delhi, March 25 The Supreme Court on Wednesday came down heavily on the Haryana Police over its handling of a sexual assault case involving a 3.8-year-old child in Gurugram, observing that there appeared to be a “concerted and unwarranted attempt” to discredit the minor victim and dilute the gravity of the offence.
A Bench of Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi ordered the constitution of a Special Investigation Team (SIT) of three senior IPS officers to conduct a “thorough, impartial, and sensitive investigation” into the matter.
“The manner in which the police authorities, ranging from the Commissioner of Police to the Sub-Inspector, have so far investigated discloses a concerted and unwarranted attempt to discredit the version of the minor victim and to portray the concerns raised by her parents as exaggerated and unfounded,” the CJI Kant-led Bench observed in its order.
The apex court said that material placed on record, including affidavits and the report of the Judicial Magistrate, “leaves no manner of doubt that a prima facie case under Section 6 of the POCSO Act is made out”, adding that the police had “for wholly unjustified and extraneous reasons” diluted the offence by classifying it under a lesser provision.
Expressing concern over the shifting stand of the Gurugram Police, the CJI Kant-led Bench noted that while an affidavit initially claimed that no offence was made out, a subsequent position was taken after media reports and re-verification of facts.
“This shifting and inconsistent stance raises serious concerns regarding the fairness and credibility of the investigation,” it said.
The Supreme Court also pulled up the Child Welfare Committee (CWC), observing that its report had “only served to compound such victimisation” and raising “serious reservations regarding the academic and professional ability” of its members to deal with such sensitive matters.
It directed the Chairperson and members of the Gurugram CWC to submit their explanations within a week.
The apex also asked the Principal Secretary of the Women and Child Development Department, Haryana, to file an affidavit and produce records relating to the appointment of CWC members across the state.
Further, the CJI Kant-led Bench directed that all officers of the Gurugram Police associated with the investigation, including the Commissioner of Police, be “entirely disassociated” from the probe.
They have been asked to show cause why disciplinary and criminal action should not be initiated against them.
In addition, the top court issued a show cause notice to a doctor from a private hospital over an alleged change in medical opinion in the case.
To ensure an independent probe, the SIT will comprise Ms Kala Ramachandran, Additional Director General of Police; Dr Anshu Singla, Superintendent of Police, Anti-Corruption Bureau; and Ms Jasleen Kaur, Deputy Commissioner of Police.
The Haryana government has been directed to notify the SIT immediately, and the Gurugram Police has been asked to hand over all records to the team by March 26.
It also directed that all proceedings in the matter be placed before a POCSO court presided over by a woman judicial officer, and ordered the redaction of the victim’s identity from all records. The matter will now be taken up for further hearing on April 6.
Earlier on Monday, the Supreme Court had issued notice on the petition and directed the Gurugram Police Commissioner and the Investigating Officer to remain present in court with the complete case record.
It had also termed the allegations regarding the manner in which the child was examined before a Judicial Magistrate as “very disturbing”.
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