The Supreme Court on Friday directed to set up the Special Investigation Team (SIT) to conduct a fresh investigation into the alleged rape and murder of 4-year-old child in Uttar Pradesh. The Apex court has announced this decision, noting that the “diabolical nature of the offence” and concerns raised by the victim’s family raised the need of intervention by senior authorities.
The bench headed by Chief Justice of India (CJI) Surya Kant ordered the UP Director General of Police (DGP) to constitute three-member SIR, comprising senior women police officers, for further investigation in the matter.
“The SIT will resume investigation without any delay, i.e., tomorrow itself,” the apex court ordered, adding that it should be notified “preferably during the course of the day, but in any case, by tomorrow, 11 a.m.”
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The bench also comprises Justices Joymalya Bagchi and Vipul M. Pancholi, ordered in its direction that the Special Investigation Team be headed by women police officer and of the rank of Commissioner of Police or Inspector General of Police, belongs to the Uttar Pradesh cadre, but should not have roots in the state.
The team will also comprise a woman officer of the rank of Superintendent of Police or Additional SP, and another of the rank of Deputy SP or Inspector.
The Bench said that “given the diabolical nature of the offence and apprehension expressed by the parents of the victim child, the matter ought to have drawn the attention of fairly senior authorities”.
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The SIT will also probe the role of the private hospital where the child was first admitted and was tasked with looking into the grievances raised by the victim’s family, particularly regarding the safety of key witnesses.
“The SIT will look into all the grievances raised on behalf of the parents of the victim, especially towards the protection of crucial and vital witnesses,” the top court said.
The CJI-led Bench also directed the trial court to keep proceedings in the abeyance until the supplementary report by the SIT is filed.
The SIT has been assigned to complete the investigation expeditiously, “preferably within two weeks”.
The bench said that although the main accused had been arrested, a charge sheet filed, and trial proceedings initiated, the concerns raised by the victim’s parents about the fairness of the investigation and trial could not be disregarded.
“The petitioner’s grievance is the lack of a fair, impartial and dispassionate investigation… [and] the parents of the victim child are under constant fear and apprehension of denial of a fair and just trial,” it observed.
“It goes without saying that, depending on the outcome of the investigation, necessary consequences shall follow,” it added.
The apex court clarified that it has not expressed any view on the merits of the allegations or the defence presented by the respondents, including the private hospital, and that all aspects will be independently examined by the SIT.
Previously, SC took the cognisance of the matter on April 10, and termed the case “an appalling account of a brutal attack” and noted that it “prick[s] the conscience of this Court”.
The top court has also raised allegations of police apathy and insensitivity, with claims that the victim’s family was mistreated when they approached the authorities, and that appropriate charges, including under the POCSO law, were not initially invoked despite medical evidence indicating sexual assault.
With the inputs from IANS…
