Supreme Court Criticizes Haryana Police's Handling of Child Sexual Assault Case, Orders SIT Investigation
Synopsis
Key Takeaways
New Delhi, March 25 (NationPress) The Supreme Court has strongly criticized the Haryana Police for their handling of a case involving the sexual assault of a 3.8-year-old child in Gurugram. The court noted a troubling and unjustifiable effort to undermine the credibility of the young victim and downplay the serious nature of the crime.
A panel consisting of Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, has mandated the formation of a Special Investigation Team (SIT) made up of three senior IPS officers to carry out a comprehensive, unbiased, and sensitive inquiry into the allegations.
“The actions taken by police officials, from the Commissioner of Police to the Sub-Inspector, reveal a clear and unjust effort to discredit the minor victim's testimony and to dismiss the concerns raised by her parents as exaggerated,” CJI Kant's panel remarked in its ruling.
The apex court emphasized that the evidence presented, including affidavits and reports from the Judicial Magistrate, “clearly indicates that a prima facie case under Section 6 of the POCSO Act exists,” further stating that the police had, for unwarranted and irrelevant reasons, minimized the crime by categorizing it under a lesser charge.
Expressing alarm over the inconsistent statements from the Gurugram Police, the CJI Kant-led panel highlighted that an initial affidavit claimed no offence occurred, but a different statement was made following media scrutiny and fact re-verification.
“This inconsistent behavior raises significant doubts about the investigation's integrity and reliability,” the court indicated.
The Supreme Court also criticized the Child Welfare Committee (CWC), pointing out that its report has “only exacerbated the victimization” and raised “serious doubts about the qualifications and professionalism” of its members in handling such delicate issues.
It has ordered the Chairperson and members of the Gurugram CWC to provide their explanations within one week.
Additionally, the Principal Secretary of the Women and Child Development Department in Haryana has been instructed to submit an affidavit and documentation regarding the appointment of CWC members statewide.
Furthermore, the CJI Kant-led panel has mandated that all officers from the Gurugram Police involved in the investigation, including the Commissioner of Police, be completely removed from the case.
They are required to justify why disciplinary and criminal proceedings should not be initiated against them.
Moreover, a private hospital doctor has received a show cause notice regarding an alleged alteration in medical opinion related to the case.
To facilitate an impartial investigation, the SIT will consist of 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 instructed to promptly notify the SIT, and the Gurugram Police must provide all relevant records to the team by March 26.
Additionally, the court has ordered that all proceedings be moved to a POCSO court led by a female judicial officer, and the victim's identity must be redacted from all documentation. The case will be revisited for further hearings on April 6.
Earlier on Monday, the Supreme Court had issued a notice on the petition and required the Gurugram Police Commissioner and the Investigating Officer to appear in court with the complete case file.
It also described the allegations regarding the manner of the child's examination before a Judicial Magistrate as “extremely troubling.”