The Supreme Court on March 25 came down heavily on the Haryana Police over its handling of a sensitive case involving a 3.8-year-old child, calling the investigation “reckless” and “insensitive.” The Court ordered an immediate transfer of the probe to a Special Investigation Team (SIT).
Background of the Case
The matter arose from allegations that the minor child was assaulted between December 2025 and January 2026. The issue surfaced on February 2, 2026, after which the investigation was initiated by the Gurugram Police.
However, concerns were raised before the Court regarding the manner in which the investigation was conducted and the treatment of the child and her family.
A bench led by the Chief Justice noted serious lapses in the investigation. It observed that police officials appeared to have made “concerted efforts” to discredit the victim’s account and dilute the gravity of the offence.
“The material on record leaves no manner of doubt that a prima facie case under Section 6 of the POCSO Act is made out,” the bench remarked, expressing concern that the offence had instead been classified under a lesser provision.
The Court also flagged inconsistencies in the police’s stand, pointing out that earlier affidavits suggested no offence was made out, only to later acknowledge otherwise after public scrutiny.
It further criticised the role of the Child Welfare Committee (CWC), stating its report had “compounded the victimisation” and raised doubts about the competence of its members.
To ensure a fair and independent probe, the Court constituted an SIT comprising three senior IPS officers and directed it to take over the investigation immediately.
The Gurugram Police has been ordered to hand over all records to the SIT without delay. The Commissioner of Police and other officers involved have been removed from the probe and asked to explain why disciplinary and criminal action should not be initiated against them.
The Court also directed CWC members and a doctor associated with the case to submit explanations regarding their conduct.
Additionally, the State’s Women and Child Development Department has been asked to place records relating to CWC appointments before the Court.
The Supreme Court ordered the constitution of an SIT to conduct a fresh investigation, directed strict action against erring officials, and listed the matter for further hearing on April 6, 2026.
Case Details
Case Title: XXX vs State of Haryana & Ors.
Case Number: Writ Petition (Criminal) No. 123/2026
Judge: CJI Surya Kant, Justice Joymalya Bagchi, Justice Vipul M. Pancholi
Decision Date: 25 March 2026
