The Supreme Court on Monday directed the Delhi police to file an affidavit before it explaining the steps taken by it in the case of rape of a five-year-old girl in East Delhi earlier this month which had caused an uproar among people and led to demands for strict action against the concerned policemen for serious lapses.
A bench headed by Chief Justice of India Altamas Kabir said that the constable, who had offered `2,000 to the victim’s parents in an attempt to hush up the matter, could not have been acting on his own but must have been instructed to do so. “He must have been acting on some instruction. Do you think he was acting on his own? Why should a constable go himself and offer money. Somebody must have been responsible,” a bench comprising the CJI and justices Vikramajit Sen and Sharad Arvind Bobde said.
Expressing serious exception that money was offered to the family members to keep mum on the issue, the court expressed dissatisfaction when it was informed by additional solicitor-general Siddharth Luthra, appearing for Delhi police, that the erring constable had been suspended. When the ASG said that police took swift action soon after information was received that the girl child was missing, the apex court directed hi to file a short affidavit on behalf of Delhi Police explaining the steps taken in regard to the case.
The bench, however, declined the plea of a NGO to initiate contempt action against the Delhi police for alleged delay in lodging FIR for missing child in the case.
Senior advocate H.S. Phoolka, appearing for NGO Bachpan Bachao Andolan, sought contempt action for the alleged delay in filing FIR of missing girl saying it was against January 17 order of the SC. Phoolka was submitting that in such cases where the police delay in lodging FIR, the concerned person should be immediately suspended without even an inquiry. The NGO has sought initiation of contempt proceedings against Delhi Police chief Neeraj Kumar, Deputy Commissioner of Police of East Delhi Prabhakar and other officials of Gandhi Nagar Police Station, alleging they have “deliberately violated the law and January 17 order of the apex court”.