HC refuses judicial probe for now, police form SIT

Justice Yogesh Khanna said judicial enquiry cannot be ordered at this juncture as the investigation is at an initial stage.

The Delhi high court on Tuesday refused to immediately allow a judicial enquiry for now into allegations of laxity against the police in probing the alleged rape-murder of a Dalit minor girl, even as it was informed that a special investigation team (SIT) has been formed to investigate the incident that took place on August 1.

Advocate Sanjay Lao, standing counsel (criminal), Delhi government, told the court that an SIT comprising five members including two assistant commissioners of police (ACPs) has been constituted for the case. (HT File)

The court refused to pass an order on a petition by the parents of the nine-year-old girl, who was allegedly raped and murdered at a crematorium in the Purani Nangal village near Delhi Cantonment area, seeking judicial probe in the alleged laxity by the police in conducting the preliminary probe.

Justice Yogesh Khanna said judicial enquiry cannot be ordered at this juncture as the investigation is at an initial stage. “The investigation is at a nascent stage. We can’t direct judicial inquiry at this stage…When they have constituted the SIT, let them do their work. You can’t presuppose..,” the court said.

Advocate Sanjay Lao, standing counsel (criminal), Delhi government, told the court that an SIT comprising five members including two assistant commissioners of police (ACPs) has been constituted for the case.

Lao, representing the Delhi police, said round the clock security is being provided to the parents in the wake of the alleged threat to their lives.

Lao said, “DCP, crime branch has constituted the SIT. There are two ACPs. The prayer has been fulfilled. The probe is being monitored by the high-ranking officials of Delhi Police”.

Lao also said that two accused persons have admitted to the crime and provisions for alleged commission of offences of murder and rape under the Indian Penal Code, section 6 under Protection of Children from Sexual Offences Act, 2012 and Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 have been added to the FIR.

He said a judicial probe cannot be ordered at this stage because the matter has yet not been decided and the alleged laxity could be established only if the accused are acquitted.

However, advocate Jitendra Kumar Jha, who was representing the girl’s parents, said that the SIT has not been functioning properly “as they did not seek the custody of the four accused for nine days after their arrest”.

Taking note of the submissions, the court asked the police to file a status report indicating the progress of the investigation and posted the matter for hearing in October. “Status report be filed so as to know the stage of the investigation,” the judge said.

In their plea, the girl’s parents said that there was a delay in lodging the FIR as they were made to sit in the police station in between the intervening night of Aug 1-2.

The petition claimed that even though the police reached the crematorium, their focus was to “hush up” the case. They said that they were forced by the police for not saying anything about the rape or murder, and instead say that their daughter died due to electrocution.

The parents have said that despite the case being transferred to the crime branch, they do not have faith in the present investigation and truth can only be proved by a court-monitored SIT. They also sought judicial probe against the police officers who allegedly reached the spot late and delayed registration of an FIR.