Minor’s rape-murder: Supreme Court summons Ghaziabad police chief, IO on April 13
Expresses shock over incident, lambasts cops for ‘insensitive approach’
Expressing shock over the rape and murder of a four-year-old girl in Ghaziabad, the Supreme Court summoned the investigating officer of the case and the Ghaziabad Police Commissioner to appear before it on April 13 with complete case records.
A Bench led by Chief Justice of India Surya Kant lambasted the Ghaziabad Police for their “insensitive approach” and said, “We are satisfied that a court-monitored time-bound SIT or a central agency is required. Issue notice. Standing counsel of the state of UP be served. Let a status report be filed.”
The Bench also slammed two private hospitals that had refused to treat the victim who succumbed to her injuries after the alleged rape for their “complete indifference”.
It issued notices to the UP Government, Station House Officer of the Nandgram police station, Khajan Singh Mannvi Health Care and St Joseph Hospital and the executive magistrate concerned.
“The Commissioner of Police, Ghaziabad, and the SHO of the Nandgram police station shall remain personally present. Let notice be served on the private hospitals,” the CJI said, posting the matter for hearing on Monday.
The Bench directed the police and the hospitals to ensure that the identity of the victim and her family members is not disclosed and that they should redact any such information from the records and asked the police not to harass the victim’s family members.
The order came after senior lawyer N Hariharan submitted on behalf of the petitioner, the victim’s father, a daily wager, that an urgent judicial intervention was needed in the case. “My conscience revolted the moment I saw it,” Hariharan told the Bench, which also included Justice Joymalya Bagchi and Justice Vipul M Pancholi.
On March 16, the victim was allegedly lured away by a neighbour on the pretext of buying chocolates. When the child did not return, the victim’s father went out searching for her only to find her lying unconscious and soaked in blood. The two private hospitals in Ghaziabad allegedly refused to admit the bleeding child who was eventually declared dead at a government hospital.
“The FIR was registered one day after the incident. Hospitals refused admission. A blunt object was inserted into the private part of the child. The post-mortem report shows. The police only wanted to investigate this as a murder. The police report says the child was dead when the case came to them. There is a video recording showing that the child was alive. The neighbours are given notices that you are breaching peace. Please see the video,” Hariharan told the Bench.
The trauma of the victim’s family was further compounded when the matter was reported to the local police, it noted. “Instead of taking cognisance, the petitioner and the family members were physically assaulted. They were asked to remain silent about the incident. The FIR was lodged on the next day, March 17,” it said.
The top court took exception to the fact that no offence under the Protection of Children from Sexual Offences Act or rape charge under the BNS was added in the FIR, though the case apparently involved sexual assault.
“It further seems that having realised the seriousness of the offence, the accused was apprehended and arrested on March 18,” it said.
The Bench also expressed suspicion over the police “encounter” narrative and asked how the accused was having a gun when he led the police party to the place of the incident.
“How did the person in custody have a gun with him? You say that he was taken to identify a handkerchief and then he shot at the police and the police shot at him. Please read the police report,” the Bench wondered.
“You do all this hanky-panky and then file a chargesheet,” the CJI said, refusing to accept the submissions of the state counsel that the probe had already been completed.
