A shocked Supreme Court on Monday came down heavily on the conduct of the Gurugram police and a magistrate while hearing a plea related to the alleged rape of a four-year-old girl in Haryana, calling the sequence of events "shocking" and indicative of "blatant insensitivity".
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, expressed serious concern over alleged violations of procedures under the Protection of Children from Sexual Offences (POCSO) Act.
The court took strong exception to revelations made by father of the minor in his affidavit that a magistrate recorded the child's statement in presence of accused.
"The Magistrate goes on to tell the minor to speak the truth in the presence of accused," Mukul Rohatgi, appearing for the girl, said pointing out that the accused was present when Magistrate was questioning the minor.
According to the POCSO guidelines, a sexual assault victim cannot be made to testify in the presence of her attacker without a screen in between them.
"What is this kind of insensitivity? You are dealing with a four-year-old child," the Chief Justice remarked.
While issuing a notice to Haryana Police, the court directed that the father's affidavit shall be sent through a special messenger to the district and sessions judge Haryana.
The top court has sought the comments of the magistrate through a sealed envelope from the District judiciary.
Lawyer Mukul Rohatgi told the court that the minor was repeatedly moved between hospitals.
He further claimed that a woman investigating officer had attempted to persuade the family to withdraw the case and had a prior record involving misconduct in another POCSO matter against her.
The bench also flagged concerns over police procedure, noting allegations that officers appeared in full uniform while interacting with the child - contrary to child-friendly norms - and failed to ensure separation between the victim and the accused during proceedings.
"Even if there is hesitation in filing a complaint, is it not the duty of the police to register an FIR?" the Chief Justice asked, reacting to submissions that officers had asked the family how they wished to proceed.
Taking note of the seriousness of the allegations, the court issued notice on the parents' plea seeking a probe by either the CBI or a Special Investigation Team (SIT).
It directed the Gurugram Police Commissioner and the investigating officer to appear in person before the court with the complete case record.
The court also ordered that the parents' affidavit detailing the sequence of events be kept in a sealed cover, and sought a report from the magistrate through the district judge.
Additionally, the Haryana government was asked to provide details of women officers in the police force.
The matter has been posted for further hearing on Wednesday, with the court indicating it will closely monitor the investigation.
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