Sunday, March 29

Apex Court calls out “insensitivity and recklessness”, issues show-cause notices to police officials, CWC members, and doctor

New Delhi: In a strongly worded observation, the Supreme Court of India on Wednesday criticized the conduct of Gurugram police and other authorities in handling the alleged sexual assault case of a 4-year-old child, terming their actions as “glaring insensitivity, sheer recklessness and irresponsible conduct.”

Show-Cause Notices Issued to Police and Officials

The Court issued show-cause notices to the Gurugram Police Commissioner and other officials involved in the investigation, asking why disciplinary action should not be initiated against them. The bench raised serious concerns over the downgrading of charges from Section 6 (aggravated penetrative sexual assault/rape) to Section 9 (aggravated sexual assault) under the POCSO Act.

SIT Formed with Women IPS Officers

To ensure a fair and unbiased investigation, the apex court directed the formation of a Special Investigation Team (SIT) comprising three senior women IPS officers. The Court also ordered that all Gurugram police officials, including the Police Commissioner, be removed from the probe.

Action Against Child Welfare Committee Members

The bench, led by Chief Justice Surya Kant, also issued notices to members of the Child Welfare Committee (CWC), questioning their handling of the case and asking why they should not be removed for their insensitive conduct.

Doctor Under Scanner for Altering Report

In another significant development, the Court issued a notice to a doctor from Max Hospital, Gurugram, seeking an explanation for allegedly modifying the medical examination report of the child victim.

Court Flags ‘Repeated Victimisation’ of Child

The Court observed that the actions of the authorities had led to “repeated victimisation” of the child. It emphasized that officials failed to follow basic sensitivity protocols while dealing with such a serious case.

Case to be Heard by Senior Woman Judge

Further strengthening the judicial process, the Court directed the Sessions Judge in Gurugram to transfer the matter to a POCSO court presided over by a senior woman judicial officer.

Strong Remarks from the Bench

During the hearing, the Court made sharp remarks against the authorities, questioning their understanding of the law and their conduct. It criticized officials for calling the victim’s family to the office instead of visiting them, highlighting a lack of empathy and professionalism.

The Court also questioned the quality of officers handling such sensitive cases, noting instances where officials involved had faced separate allegations.

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