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Supreme Court seeks status report from states, high courts on sexual offences
In an 18-page order delivered on Wednesday, the bench, also comprising Justices BR Gavai and Surya Kant, referred to the December 16 gang rape.
Delay in cases involving crimes against women in recent times has triggered “agitation, anxiety and unrest” in the minds of people, the Supreme Court said on Wednesday, taking suo motu (on its own) cognisance of the assessment of the criminal justice system in response to sexual offences.
A three-judge bench headed by Chief Justice of India SA Bobde asked all states and high courts for a status report by February 7, 2020, on various aspects of compliance of procedures laid down by the court and the law.
In an 18-page order delivered on Wednesday, the bench, also comprising Justices BR Gavai and Surya Kant, referred to the December 16 gang rape.
“The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage. Post-Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved,” the bench said.
According to the latest report of National Crime Records Bureau (NCRB) of crime in India in 2017, a total of 32,559 cases of rape were registered in India.
“The delay in such matters has, in recent times, created agitation, anxiety and unrest in the minds of the people,” the bench said.
It sought responses and status reports from all states and high courts on issues such as the utilisation of the Nirbhaya fund — which was set up for women’s safety after the December 16 case — speedy probe and trial, collection of evidence, forensic and medical evidence, the recording of statement and compensation to the victim in such cases.
The top court appointed noted criminal lawyer and senior advocate Siddharth Luthra as amicus curiae for assisting it in the matter and asked solicitor general Tushar Mehta to extend all co-operation.
“It is necessary to call for information with regard to status of affairs at ground level from various duty holders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and also Courts to get a holistic view to make criminal justice system responsive in the cases of this nature,” the bench said.
The top court also sought to know the status of zero FIR and whether states have adopted Standard Operating Procedure (SOP) to be followed for responding in rape and similar offences.
(With agency inputs)
