Jharkhand High Court Takes Suo Motu Cognisance Of Rape–Murder Of 12-Yr-Old; Slams Police For “Lethargic Attitude”

The Jharkhand High Court has taken suo motu cognizance of the rape and murder of a 12-year-old girl in Hazaribagh, expressing serious concern over the “lethargic attitude” of the police in the matter.A Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary took note of the incident when, at the commencement of court proceedings at 10:30 AM, Mr. Hemant Shikarwar, learned counsel, drew the Court's attention to a news report published in the Hindi daily Hindustan dated March 29, 2026.As per the report placed before the Court, the incident occurred on March 24, 2026, within the jurisdiction of Vishnugarh Police Station in Hazaribagh district. It was reported that the minor victim was subjected to sexual assault and subsequently murdered. The Court was informed that although the FIR was registered on 25 March 2026, no arrests had been made so far. It was further brought to the Court's notice that the victim's mother, who earns her livelihood by working at a brick kiln, was being threatened, and efforts were being made to tamper with evidence by exerting coercion upon her.Taking serious note of the situation, the High Court observed the apparent inaction on the part of the police and recorded its concern regarding their “lethargic attitude” in handling the case. It noted:“This Court, considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder and lethargic attitude of the police, has thought it proper to take cognizance of the occurrence with a direction to the Office to institute a suo motu case.”During the hearing, the Court requested Ms. Anjana Asthana, Member Secretary, JHALSA, to join the proceedings virtually. She informed the Court that the District Legal Services Authority had acted promptly after the incident came to light and had requested the police to register the FIR and proceed with the investigation so that the culprit may be apprehended at the earliest.The Court also directed the Superintendent of Police, Hazaribagh to join the proceedings. On being queried, the S.P. stated that no arrests had been made so far and that efforts were being made to connect the culpability of the accused through technical and location-based evidence derived from mobile phones. The S.P. further informed the Court that although samples had been collected, they had not yet been sent to the Forensic Science Laboratory, as an application seeking permission was yet to be filed. Taking note of these submissions, the High Court observed that the investigation, which ought to have been conducted to apprehend the culprits, had not been carried out properly.Accordingly, the Court issued the following directions:(i) Notice was issued to the Secretary, Home Department; Director General of Police, Jharkhand; and Superintendent of Police, Hazaribagh, directing them to file their respective affidavits.(ii) The DGP, Jharkhand was directed to examine why, even after lapse of five days, the collected samples (being crucial evidence) had not been sent to the FSL and were still in the possession of the investigating officer, and to file an appropriate affidavit.(iii) The Member Secretary, JHALSA was directed to act under the relevant scheme and coordinate with the District Legal Services Authority and the investigating officer to ensure that there is no tampering of evidence.Making it clear that if any untoward incident occurs to the family members of the deceased victim or key witnesses, the Court held that the Superintendent of Police, Hazaribagh shall be personally accountable.The matter has been placed before the Chief Justice of the High Court for appropriate action.Case Title: Court on its own Motion v. State of Jharkhand and Ors.Case No.: W.P. (PIL) No. 2172 of 2026.Appearance: Mr. Hemant Shikarwar appeared as Amicus Curiae. Mr. Sachin Kumar, Mr. Srikant Swaroop and Mr. Gaurav Raj appeared for the State.Click Here To Read/Download Order

Jharkhand High Court Takes Suo Motu Cognisance Of Rape–Murder Of 12-Yr-Old; Slams Police For “Lethargic Attitude”

Rushil Batra

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