Taking suo motu cognisance of the gang-rape of a 23-year-old girl in a moving bus in New Delhi, the Delhi High Court on Wednesday pulled up the city police asking how the offence remained undetected.
“This incident is of great concern for all the citizens of the capital city as it relates to the safety particularly of women and girl children in Delhi,” a bench headed by Chief Justice D. Murugesan said and asked city Police Commissioner to file a detailed status report within two days.
The court was anguished over the non-implementation of the Supreme Court order on complete ban of vehicles with tinted glasses and asked the counsel for the Delhi Police to explain as to how it has not been implemented so far.
“There are two important questions. The first is the investigation in the case and the second is the preventive measures. We want to know what preventive measures have been taken by the police to prevent such incidents,” the bench also comprising Justice Rajiv Sahai Endlaw said.
“The court on its own motion has listed the matter,” the bench said.
Asking the police to file status report, the bench said that the probe must be “of high standards” and the final charge sheet “has to be” filed only after its perusal by this court.
“We would be issuing necessary directions time to time in this court. This court will also issue the guidelines after taking note of the contentions of all concerned,” it said.
The court also expressed surprise as to how the bus, having tinted glasses, kept plying on Delhi roads for 40 minutes during which the sexual assault of the girl remained undetected.
“We are at loss to understand as to how the bus could evade surveillance for 40 minutes... The Commissioner of Police is directed to file a report including the details of police officers who were on patrolling duty in the area.
“The Police Commissioner shall also state the steps taken to remove the tinted glasses from vehicles including public transport,” the court said.
The bench asked the police to employ sufficient number of police personnel at all entry points to the national capital to ensure that vehicles with tinted glasses do not sneak in.
The court, which also asked the Director CFSL to accord primacy to the investigation in the present case, sought to know about the present status of the victim inside the government hospital and asked the Delhi Government to consider shifting her to a super speciality hospital.
“We direct the Delhi Government to shift, if possible, the victim to a super speciality hospital. If it is not possible to shift her, then the experts be asked to visit her,” Justice Murugesan said and posted the matter for hearing on Friday.
Earlier during the hearing, the court said that it has accepted the request of the Chief Minister to constitute fast-track courts for speedy trial in rape cases.
Advocate Najmi Waziri, counsel for Delhi Government, then said that the court may also consider setting up of fast track court for gang-rape cases also.
“In any case, the fast track courts will not work if investigation is of poor quality. Rather it will lead to acquittal within three months,” Justice Endlaw responded and added “that the probe has to be of high standards. Have you examined the bus forensically?”
Advocate Waziri informed the court that a special investigation team (SIT) headed by DCP Chhaya Sharma has been formed and a proper and expeditious probe is underway.
On Tuesday, a group of 25 women lawyers had mentioned the matter before a different bench which had assured them that it was looking into the “brazen” incident.
“It was a brazen attempt by some persons who think that they can play with the law and order. We are very disturbed,” the court had said, adding “strong signals must be sent to the perpetrators” of this “unfortunate” incident.
The lawyers, including former DUSU President Monica Arora, mentioned the incident before the bench urging it to take suo motu cognisance and monitor the probe in the case.
A Delhi court had on Tuesday remanded the bus driver Ram Singh, who along with others allegedly gang-raped the girl on Sunday night, to five days in police custody.
Apart from Ram Singh, three others have been arrested in the case, while the hunt is on for the rest, Delhi police had told the court.
Keywords: Delhi gang-rape case, suo motu cognisance, Delhi High Court, women safety, Delhi government, Delhi police
A life has truely been shattered, even thinking of the gruesome
details gives shiver, a truely shameful act giving new depth to the
depravity of so called human beings. Its time to accept that even
after 65 independent years we are yet to achieve basics of democracy.
A lot of like instances are very commonplace- A girl manhandled in
guwahati, a minor raped somewhere . Only and only a strict penal code
modification will possibly put a check on such instances. A very
stringent and real swift punishment is the only way to give proper
message in this particular case. Other-wise it is only a matter of
time that we will be reading some similar case of fiendish gory
episode.
It is a matter of shame that such ghastly events happen at regular
intervals. The mere fact that the Apex Court's orders have not been
followed is sufficient to dismiss the Commissioner of Police and his
deputy in charge of traffic and road discipline. Police Officers in
India do not understand the rule of Law or disregard them!!Dismiss the
Home Minister too as he needs to take responsibility.A strong message
has to be sent that we are a country and not a banana republic. Set up
a special court for rape cases with no adjournment. Its good that the
Delhi High Court is monitoring the case and the charge sheet has to be
vetted by it before it can be filed or we all know what these
policemen do.We as a nation are getting sicker by the day.
Crimes like rape are less in Saudi Arabia. Reason being stringent
punishment under Sharia Law. We should now think of enacting a hybrid
law through the fusion of liberal Indian law and stringent Islamic law
to deal with such crimes. In other words, give fair trial as per the
India Criminal Procedure Code to the accused in the true spirit of
democratic principles and, once convicted, hand down punishment as per
the Sharia law. Crimes like rape, murder, etc., will quickly come down
in India.
The words 'Fast Track' looks catchy and trendy to poor Indians who are
habituated to face a slow track judicial process from time immemorial.
In our present judicial setup, fast tack courts are half the solution
to such crimes. These courts may fast track the trial to three months
or so, but again things will be back on slow track at appeal stage
before the High Courts and Supreme Court. By the by, have we forgotten
our Presidential mercy stage! Nothing, may eventually happen to
Mr.Convict.
we dont want to delay on this matter. rules of the regulations made for humans not for animals. we want to hang on all attackers openly on the road without wasting of time to make cases or act rules etc
Just hang on till death now.
wow,a girl has been badly raped, her friend is brutally beaten up and
the government still doesn't have strict laws and orders. The bus was
out on the road for about 40 minutes { probably , the worst 40 min of
the girl's life] and still nobody noticed, no police no other person
dared to notice? The hellish criminals are getting just 4- 5 days
police custody? that's it? Is it the security, the government has
provided to the female citizens of the country? All the females have
just become a body to be used by these ''haiwans''? The present
condition of India is becoming worsen day by day, and the government
is not ashamed of it yet. Why these people are not hanged till death?
Does anybody realizes the pain , the girl is going through? Can
anybody heal the scars of fear from the girl's mind? No, nobody can.
But atleast, such crimes will be reduced if the government imposes
strict laws against these kind of criminals. they will be scared of
the punishment. How great our India ''WAS''.....
Although it is a welcome move, what have the courts done for fast tracking rape cases. Now that this case has hogged the limelight, the court has taken suo moto cognisance.
Why was no fast track courts set-up for rape cases? Why give bail for rapists and other sexual offenders? Why not cases closed with a fixed time frame and daily interrogation.
Time the courts also need to pull up their socks instead of just passing the buck.
Hats off to the Delhi High Court to have taken cognizance of the case suo-
motu. The Court is blaming the police for many lapses. But, actually, I
would say both the Police and the judiciary are to blame. Mounting number
of cases in the courts is a standing testimony to the lethargy of the
judiciary. The lawyers are mostly interested in asking for adjournments.
Increasing the number of judges or augmenting the Police force is not the
solution. Systemic change has to take place for speedy disposal of the
cases.
“The court on its own motion has listed the matter,” the bench said.
It has become the order of the day that all matters related to executive, legislature, law enforcing agencies have to be supervised by the judiciary. I request the judge to ask home ministry and health ministry to report about the case on day to day basis. Let the police authorities do their work. Let reporting be done by the ministry or its officials. If they don't give response sack them by service. Keep the ministry engaged in these things so that they don't find time for scandal or scams
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