SC tells police to file affidavit in five-year-old’s rape case

The Supreme Court on Monday directed Delhi Police to file an affidavit in response to an NGO’s contempt petition, alleging that the agency had delayed filing the FIR in the case of rape of a five-year-old in east Delhi.

The Supreme Court on Monday directed Delhi Police to file an affidavit in response to an NGO’s contempt petition, alleging that the agency had delayed filing the FIR in the case of rape of a five-year-old in east Delhi.

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A bench headed by Chief Justice Altamas Kabir did not issue a formal notice after the Delhi Police counsel appeared and denied the allegations. According to the advocate, the local police had registered the FIR within two-and-a-half hours of receiving the complaint. They claimed the victim’s family informed the local police station of the incident at 6pm on April 15 and the case was registered at 8:30pm the same day.

“We are not issuing any rule or notice, but only asking the Delhi Police to file a short affidavit,” the bench said, adding “since the ASG is present, he is directed to file an affidavit relating to the matter.” The bench fixed May 6 for further hearing.

The court wasn’t impressed with the submission that the constable, who had offered Rs 2,000 to the family, had been suspended. “He must not have acted on his own. He must have been acting on some instruction. Do you think he was acting on his own? Why should a constable go and offer money? Somebody must have been responsible,” the bench observed after the counsel said that the police had acted swiftly on receiving the complaint.

In its contempt petition, Bachpan Bachao Aandolan has sought action against the errant cops for defying the apex court’s January 18 order, directing the police to immediately take action on receiving complaint of a missing child.

Citing news reports, the NGO claimed the police had violated a court order and, therefore, action must be initiated against the cops.