Overview
A writ petition invoking Article 32 has been filed in the Supreme Court on 20 March 2026. The petition seeks a probe by the CBI or a SIT into the alleged rape of a 4‑year‑old girl in Gurugram, after the local police allegedly failed to act.
Key Developments
- Senior Advocate Mukul Rohatgi appeared before CJI Surya Kant and demanded an urgent hearing, stating that the Gurugram police "have done nothing".
- The petition highlights that the child has already given a statement to the Magistrate, yet no arrest, crime‑scene preservation, or CCTV evidence collection has been undertaken.
- The CJI questioned why the matter was not approached through the High Court. Rohatgi argued that the case’s gravity warranted a direct Supreme Court intervention.
- The bench agreed to list the petition for further hearing on Monday.
Important Facts
• Victim: 4‑year‑old girl, Gurugram.
• Alleged perpetrators: Household maids (as per petition).
• Police response: No arrest, no crime‑scene security, no CCTV footage.
• Legal representation: Mukul Rohatgi (Senior Advocate), Pranay Shridhar Chitale (AOR), Namisha Gupta, Parth Sarathi, and Vaibhav Mishra (Advocates).
Exam Relevance
The case underscores several themes frequently examined in the UPSC GS2 syllabus:
- Use of Article 32 as a tool for safeguarding fundamental rights, especially the right to life and personal liberty.
- Roles and powers of the Supreme Court versus the High Court in criminal justice.
- Functioning of investigative agencies like the CBI and the concept of a SIT in ensuring impartial inquiry.
- Procedural safeguards: recording statements before a Magistrate, crime‑scene preservation, and evidence collection.
Way Forward
For aspirants, the case illustrates the procedural trajectory when lower‑level law enforcement fails:
- Victim or family may approach the Magistrate for a statement.
- If police inaction persists, a petition under Article 32 can be filed for direct Supreme Court intervention.
- The Supreme Court can direct a CBI probe or constitute a SIT to ensure impartiality.
- Effective implementation requires coordination between the judiciary, investigative agencies, and state police, highlighting the need for systemic reforms in crime‑scene management and victim protection.
Monitoring the Supreme Court’s order in this matter will provide insights into how India’s legal system addresses crimes against children and the role of central investigative agencies in safeguarding fundamental rights.
