The Supreme Court on Friday intervened in the rape-murder case of a four-year-old girl in Ghaziabad and summoned the police commissioner and the investigating officer on April 13 with the case records, with Chief Justice of India Surya Kant lambasting both the cops and two private hospitals, which refused to treat the child, for "complete indifference" and "insensitive approach".
The two police officers have been ordered to appear before the court on April 13 with case records.
The court also issued notices to the Uttar Pradesh government, the station house officer of the police station concerned, the two private hospitals -- Khajan Singh Mannvi Health Care and St Joseph (Mariam) Hospital -- and the executive magistrate.
A bench comprising CJI Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi took note of the submissions of senior lawyer N. Hariharan, appearing for the victim's father, a daily wage-earning labourer, and expressed severe displeasure and shock over the manner in which the Uttar Pradesh police had conducted the investigation in the case.
"My conscience was revolted the moment I saw it [the video evidence]," Hariharan told the bench, urging judicial intervention.
CJI Kant said: "The most shocking part of the alleged offence is that it exhibits complete indifference and insensitive approach of two alleged private hospitals as well as the local police.”
Hariharan said 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,” he told the court.
"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 urged the bench.
On March 16, a neighbour allegedly lured the victim on the pretext of buying chocolates and when the child did not return, a search led the father to find her unconscious and covered in blood.
She later succumbed to her injuries at a government hospital in Ghaziabad.
The Supreme Court said the trauma of the victim's family was further compounded when the matter was reported to local police.
"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, that is on March 17," the order noted.
The bench noted that no offence under the Protection of Children from Sexual Offences (Pocso) Act or the rape charge was added in the FIR.
"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's "encounter" narrative and asked how the accused had 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 police shot at him. Please read the police report," the bench asked.
"You do all this hanky panky and then file a chargesheet," the CJI said while refusing to accept the submissions of the state counsel that the investigation had already been completed.
"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 ordered
"Commissioner of police, Ghaziabad, and SHO Nandgram police shall remain personally present. Let notice be served on the private hospitals (which refused admission to the victim child). List the case on Monday," it added.
The court 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.
It also asked the state police not to harass the victim's family members.