The Supreme Court on Monday termed “insensitive” the Gurgaon police’s refusal to register an FIR in the rape of a three-year-old child and an alleged casual approach by the judicial magistrate in recording the victim’s statement.

A bench headed by Chief Justice Surya Kant directed the Gurgaon district and sessions judge to seek a report from the judicial magistrate on his conduct. The top court also directed the Gurgaon police commissioner and the woman investigating officer to appear before it on March 25 with all the probe records.

The bench sought responses of the state government, Haryana director general of police, Gurgaon police commissioner and the DCP on the plea seeking a CBI or SIT probe into the rape of the three-year-old girl in the city.

Senior advocate Mukul Rohatgi, appearing for the victim’s parents, informed the court on Monday that instead of taking action against the accused, the woman investigating officer was coercing the family to withdraw the case. He told the court that the judicial magistrate recorded the child’s statement in the close vicinity of the accused, despite the law prohibiting any such proximity between the accused and the victim.

The senior counsel said the traumatised child was forced to shuttle between the local child welfare committee, police station, magistrate’s court and the hospital, adding to the family’s woes.

“How can the police be so insensitive in a so-called metropolitan city?” the CJI asked. "The police are bound to register an FIR upon disclosure of a serious cognisable offence.”