The Supreme Court on Monday 23 March strongly criticised the handling of an investigation involving a minor in Gurugram, calling the police approach “shocking” and lacking sensitivity. The Court also flagged serious concerns over how the child’s statement was recorded.
Background of the Case
The matter came up on a writ petition filed by the child’s parents seeking an independent probe by the CBI or a Special Investigation Team. They alleged that the investigation conducted by the Haryana Police was inadequate and insensitive.
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Senior Advocate Mukul Rohatgi, appearing for the petitioners, argued that basic investigative steps were missing and that the child was repeatedly taken between different authorities, adding to the distress.
During the hearing, the bench comparising CJI Surya Kant, Justice Joymalya Bagchi, Justice Vipul M. Pancholi expressed concern over the conduct of both the police and the Magistrate.
“The manner in which the investigation has been handled is shocking,” the bench observed, questioning whether officials understood their legal duties.
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The Court was particularly troubled by allegations that the child’s statement was recorded in close proximity to the accused. It also noted claims that the investigating officer had asked the parents about withdrawing the FIR.
CJI Surya Kant remarked,
“You are dealing with a traumatised child. What kind of insensitive approach is this?”
The bench also took note of claims that the child was moved across multiple locations over several days, rather than ensuring a more child-friendly process.
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The Court directed the Commissioner of Police, Gurugram, and the Investigating Officer to appear in person on March 25 with the complete case record.
It further asked the Sessions Court, Gurugram, to obtain comments from the Judicial Magistrate regarding the recording of the child’s statement.
Additionally, the State Advocate General was directed to provide details of women IPS officers in Haryana.
The Supreme Court issued notice to the Haryana government and senior police officials, seeking their response. The matter will be taken up further after reviewing the records and responses.
Case Title: XXX v. State of Haryana
Case Number: W.P.(Crl.) No. 123/2026
Decision Date: March 23, 2026
