The Supreme Court of India has strongly criticised the handling of a sensitive case involving a minor in Gurugram, raising serious concerns about procedural lapses and the treatment of the survivor during the investigation.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, observed that there appeared to be “all-out efforts” by the police to shield the accused. The court questioned the conduct and competence of officials involved, citing multiple irregularities in the investigation process.
Serious Procedural Concerns Highlighted
According to submissions before the court, the survivor’s statement was recorded in the presence of the accused—an act the bench described as a severe violation of legal and ethical standards. The court noted that such actions undermine the dignity and safety of the survivor and can lead to further trauma.
The bench also took strong exception to reports indicating that the minor was questioned in an environment that lacked sensitivity and privacy. It emphasised that established legal safeguards, especially under child protection laws, must be strictly followed.
Court Orders Independent Investigation
In response to the lapses, the court directed the Haryana government to constitute a Special Investigation Team (SIT) comprising senior women IPS officers. The SIT has been tasked with conducting a fair and time-bound investigation into the matter.
The Gurugram Police have been instructed to transfer all case-related documents to the SIT promptly to ensure transparency and accountability.
Observations on Victim Treatment
The court described the handling of the case as a “complete breakdown” of due process, expressing concern over repeated victimisation. It noted that the approach taken by authorities not only failed to protect the survivor but also aggravated the trauma.
The bench also flagged concerns over the alleged disclosure of the survivor’s identity in official documents, which violates legal provisions designed to safeguard privacy in such cases.
Legal Context
The court observed that the case prima facie involves offences under the Protection of Children from Sexual Offences (POCSO) Act, which mandates strict protocols for handling cases involving minors. These include ensuring a child-friendly environment during questioning and protecting the identity and dignity of the survivor.
Conclusion
The Supreme Court’s intervention underscores the importance of accountability and adherence to legal procedures in cases involving vulnerable individuals. By ordering an SIT probe, the court aims to ensure an impartial investigation and reinforce the need for a more sensitive and lawful approach in handling such cases.
The matter remains under judicial scrutiny, with further developments expected as the SIT begins its investigation.
