The Supreme Court on Thursday permitted parties to inspect the confidential report submitted by the Special Investigation Team (SIT) probing the death of a young child in Uttar Pradesh, while declining to circulate copies of the report in view of the sensitive nature of the case. The Court also took note of the State’s submission that disciplinary proceedings had been initiated against the concerned Station House Officer (SHO), action had been taken against two hospitals, and corrective administrative measures had been put in place pursuant to the SIT’s recommendations.
At the outset, Senior Advocate N. Hariharan, appearing for the petitioner, submitted that he required an opportunity to examine it more closely before making further submissions. The Court allowed the appearing counsel to inspect the report through the Court Master but declined to circulate copies.
During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for the Union, informed the Court that the SIT had recommended action against both hospitals concerned as well as the Station House Officer. She submitted that the State had already begun implementing corrective measures on the basis of the report.
According to the ASG, disciplinary proceedings had been initiated against the SHO, who had been removed from his post and transferred to the police lines. She further informed the Court that action was being taken to address the lapse relating to CCTV footage retention, explaining that while footage at the concerned police station had earlier been preserved only for 15 days, steps were now being taken to increase the retention period to six months. She also stated that a drive had been undertaken to clear the area of illegal and anti-social activities, including drug peddling, and restore it as a safe recreational space for the local community.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana recalled its observations made during the previous hearing regarding the conduct of the hospitals and remarked:
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“Consequences in any case are bound to follow. This is a clear case of sheer negligence and complete lack of sensitivity. There is a loss of a very young life… Besides criminal negligence.”
The Court noted that it had earlier suggested certain measures concerning the two hospitals and observed that it would examine the steps taken in response to those observations after the parties had considered the SIT report.
During the hearing, counsel appearing for the hospitals submitted that they would not oppose payment of reasonable compensation to the victim’s family but sought time to examine the SIT report before making any suggestions. Accepting the request, the Bench agreed to post the matter the following week to enable the parties to study the report and assist the Court further