New Delhi, Mar 23 Questioning the "insensitive" approach of Gurugram Police and the magistrate who examined a four-year-old rape victim, the Supreme Court on Monday directed the Gurugram commissioner of police and the investigating officer to appear before it on March 25 with all the probe records of the alleged shocking offence.
The top court also directed the sharing of the affidavit of the father of the victim in a sealed cover to the district judge of Gurugram about the "insensitive" and "illegal" approach adopted by the judicial magistrate in examining the minor victim, that too in the presence of the accused.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the district judge to take the version of the judicial magistrate on the examination of the minor victim and apprise it on Wednesday.
The bench also sought responses of the state government, Haryana director general of police (DGP), commissioner of police of Gurugram and the DCP on the plea seeking a CBI or SIT probe into the rape of a four-year-old girl in the city.
It also permitted the Gurugram Police, which has made a few arrests in the case, to file the status report on the probe conducted so far.
At the outset, senior advocate Mukul Rohatgi said that the minor was taken to the police station and then to the child welfare committee (CWC), where police personnel were in uniform. Moreover, she was questioned in front of the accused, who were standing four feet away from her, he added.
"Magistrate is telling the girl that 'isko oath toh isko samajh nahi ayega' (she will not understand about the oath)... but the magistrate is telling the four-year-old girl that 'sach bolo, sach bolo' (speak the truth). Moreover, the accused were there," the senior lawyer said.
"The accused cannot be in close proximity to the child," he said, adding that the investigating officer (IO) is asking the parents not to pursue the case as they will get into problems.
The same IO was suspended earlier for taking bribes in a POCSO case, he added.
"Is this the way you are dealing with the four-year-old traumatised girl?" the CJI asked, adding, "Let us examine the legal knowledge of the police."
"What is going on? It cries for interference by the top court," Rohatgi said, adding that it was high time guidelines were laid for pre-trial procedures adopted by the probe agency.
The senior lawyer said that the guidelines are there to deal with cases of such nature in the trial but the real problem is when the child is treated by the probe agency when the trauma is fresh.
"What is this kind of insensitivity? You are dealing with a four-year-old child. Who is investigating this?" the CJI asked.
'What kind of insensitive has the police become? In a so-called metropolitan city, this is happening! You are dealing with a traumatised child," the CJI added.
"Averments in the affidavit suggest a very disturbing manner in which the victim was examined in court," said the court, referring to the affidavit filed by the parent of the child.
A woman officer was probing the case earlier and the station house officer (SHO) took over when she was suspended, the counsel for the state government told the bench.
The bench was critical of the IO's advice asking the parents not to pursue the case, "This is shocking! Even if a complaint is not filed, the police have to investigate the case."
"Issue notice. The additional advocate general (AAG) of Haryana accepts notice. We have gone through the averments.
"In addition, Mr Rohatgi, representing the victim, has handed over an affidavit by the parents of the child. We direct the Gurugram commissioner of police along with investigating officers to remain present in court the day after tomorrow with the entire record," it ordered.
It directed the AAG to furnish details of women officers in the Haryana police cadre.
"Statements of parents show a disturbing sequence of events. We direct the registry to keep the affidavit of parents in a sealed cover.
"The father's affidavit shall be sent through a special messenger to the district and sessions judge, Haryana. Let the comments of the magistrate be furnished to this court through a sealed envelope. Let us hear this case day after tomorrow," it ordered.
Rohatgi submitted that the child had grown increasingly distressed with the process as she was shuttled from the police station to the CWC office and then from the magistrate's court to the hospital.
He alleged the investigating authorities did not address clear signs of distress and heightened anxiety shown by the child or take special precautions considering her tender age.
"They were going on as if this was a grown-up person!" said Rohatgi.
When the parents requested the sub-inspector (SI) for a home visit for further investigation, Rohatgi said the SI "reacted with irritation" that they were "being difficult".
On March 20, the top court had agreed to hear a plea seeking a CBI or SIT probe into the rape of the four-year-old girl in Gurugram.
The court had taken note of an urgent mention by senior advocate Mukul Rohatgi and posted the matter for hearing on Monday.
The parents filed the writ petition before the apex court citing the inefficiency of the Haryana Police in investigating the matter and sought the Central Bureau of Investigation (CBI) or a special investigation team (SIT) to investigate instead.
The CJI initially asked the petitioners to move the high court.
