SC orders all-women SIT in Ghaziabad child rape-murder case
The Supreme Court of India ordered an all-women SIT for a time-bound probe into a child rape-murder case in Ghaziabad, citing police lapses, and directed investigation into hospitals’ alleged denial of treatment and protection of witnesses
New Delhi: The Supreme Court on Friday directed the Uttar Pradesh DGP to constitute an all-women SIT headed by a commissioner or inspector general-rank officer for a time-bound probe into the rape and murder of a four-year-old girl in Ghaziabad last month.
The apex court, which had earlier flagged the “reluctance” of Ghaziabad police in lodging an FIR and conducting an investigation into the case, directed that the special investigation team (SIT) be notified preferably on Friday or by 11 am on Saturday.
On March 16, a neighbour allegedly lured the victim, the daughter of a daily wager, on the pretext of buying her chocolates. When the child did not return, her father launched a search and found her lying unconscious, soaked in blood. Shockingly, the victim, who was alive when found, was allegedly refused treatment by two private hospitals, leading to her death at the Ghaziabad district hospital.
Taking strong note of a series of alleged lapses and apathy, a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi ordered that the SIT would consist of women police officers, including one in the rank of commissioner or inspector general of police of Uttar Pradesh cadre, but not having roots in the state.
It said the SIT would consist of women police officers in the rank of superintendent of police or additional superintendent of police, and one female deputy superintendent of police or an inspector.
The bench directed that the SIT would take up the probe without any delay and endeavour to conclude the investigation preferably within two weeks.
It said the SIT would look into all the grievances raised by the victim’s parents, especially towards the protection of crucial witnesses, and would also probe the role of two private hospitals — Khajan Singh Mannvi Health Care and St Joseph (Mariam) Hospital — which allegedly denied treatment to the victim.
“Depending on the outcome of the investigation, necessary consequences will follow,” it said.
The bench, which had earlier flagged the “insensitive approach” of the local police in the investigation, also directed the trial court not to proceed with the trial based on the chargesheet filed by Ghaziabad police.
It directed the trial court to keep the proceedings in abeyance till a supplementary chargesheet is filed by the SIT. The bench said the SIT would file a compliance affidavit before the registrar (judicial) of the apex court after filing the supplementary chargesheet.
The top court passed the order while hearing a plea filed by the victim’s father seeking a court-monitored probe into the case, either by an SIT or the CBI. During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for the police, said the trial in the case was going on before the concerned trial court.
Senior advocate N Hariharan, appearing for the victim’s father, controverted the submissions of the police and said the victim’s father was “dragged” by the police for recording his statement. “If the investigation is complete, why are they (police) recording his (victim’s father) statement under Section 164 (of erstwhile CrPC),” he asked.
Bhati countered the claim that the victim’s father was dragged and said his testimony was to be recorded.
Hariharan said, “For a deposition, is he required to be dragged? Can they show he has got any summons from the court?” He claimed that there was an attempt to shield the private hospitals which denied treatment to the victim, due to which she died.
The bench, which disposed of the plea, passed a slew of directions, including the formation of an SIT.
The petitioner had sought a fair and impartial probe into the matter and alleged negligence on the part of the local police in investigating the case. The bench said the petitioner has claimed that he was under constant fear and was apprehensive of the denial of a fair trial.
Noting that the victim’s parents were dissatisfied with the probe conducted by the local police, the bench observed that, having regard to the nature of the offence, the matter ought to have drawn the attention of senior police officers.
On April 10, the apex court had lambasted Ghaziabad police’s “insensitive approach” in the investigation of the case. The court had expressed dismay that two private hospitals in Ghaziabad had refused to admit the bleeding child, who was eventually declared dead at a government facility.
