The Supreme Court recently constituted a Special Investigation Team (SIT) to investigate allegations of sexual assault against a 10-year-old girl in Anna Nagar, Chennai, and claims of police misconduct in handling the case. The Court also directed the Madras High Court to monitor the SIT’s investigation and awarded a cost of ₹75,000 in favor of the victim’s family. This decision came while hearing a petition filed by the Tamil Nadu police authorities, challenging the Madras High Court’s earlier order, which had entrusted the investigation to the Central Bureau of Investigation (CBI). A bench of Justices Surya Kant and Ujjal Bhuyan underscored the gravity of the allegations and expressed serious concerns about the conduct of the local police, emphasizing the need for a transparent, impartial, and effective probe.
The case revolves around the alleged sexual abuse of the minor victim, whose parents sought medical attention after noticing troubling signs. A doctor confirmed the abuse and referred the child to Kilpauk Medical College (KMC), where the victim’s statement was recorded at 1:00 am in a public hospital corridor without her parents being present. Shockingly, this sensitive statement was subsequently leaked and circulated on social media and through news outlets. The victim’s family alleged gross negligence and misconduct by the Chennai police, who, they claimed, treated the accused leniently while physically assaulting the victim’s parents. Despite the victim naming the accused, the police delayed his arrest by 12 days. The High Court found this trajectory of investigation deeply dissatisfactory and also criticized the police for failing to take action against the officers responsible for recording and leaking the victim’s statement.
The High Court highlighted procedural violations under the POCSO Act, such as failing to create a safe and private environment for the minor during the investigation. The Court observed that the victim’s parents were mistreated and that the police’s actions amounted to a violation of their fundamental rights. Given these lapses, the High Court transferred the investigation to the CBI, noting that a fair and impartial investigation was necessary due to the seriousness of the procedural flaws.
Challenging this order, the Tamil Nadu police approached the Supreme Court, which stayed the direction to transfer the case to the CBI. Instead, the apex court ordered the formation of an SIT comprising senior IPS officers from the Tamil Nadu cadre but originally from other states to ensure impartiality. The SIT includes Mr. Saroj Kumar Thakur (DIG, currently Joint Commissioner of Police, East Zone, GCP), Ms. Ayman Jamal (SP, currently Deputy Commissioner of Police, L&O, Avadi Commissionerate), and Ms. Brinda (SP, currently Deputy Commissioner of Police, North L&O, Salem City). The Supreme Court directed the Tamil Nadu DGP to partially relieve these officers of other duties so they could focus exclusively on this investigation.
The Court instructed the SIT to proceed objectively and dispassionately, independent of observations made by the High Court, and to conduct the investigation on a day-to-day basis. The SIT was asked to submit its first report to the Chief Justice of the Madras High Court, who may assign an appropriate bench to oversee the investigation. Weekly progress reports are to be submitted until the probe is concluded. The Court also emphasized that the SIT’s investigation should address allegations of procedural violations, including the delayed arrest of the accused and the insensitive treatment of the victim and her family.
The apex court reiterated the importance of adhering to procedural safeguards, particularly under the POCSO Act, which mandates a child-sensitive approach. It criticized the local authorities for failing to uphold these standards and flagged the need for accountability in such cases. The Court’s decision aims to ensure justice for the victim and her family while restoring public trust in the investigative process.
Case details:
Case Title: The Deputy Commissioner of Police & Ors. vs Victim’s Mother & Anr.
Case Number: SLP (Crl) No. 15332-15333/2024
In conclusion, the Supreme Court’s order underscores the judiciary’s commitment to safeguarding the rights of vulnerable victims and ensuring that justice is delivered through a transparent and impartial investigative process. By constituting the SIT and entrusting its monitoring to the Madras High Court, the apex court seeks to rectify the procedural lapses and ensure accountability for all parties involved.
Lawcutor 