(Deepak Gupta and Aniruddha Bose, JJ.)
SMW (Crl.) No(s). 1/2019
In Re Alarming Rise in the Number of Reported Child Rape Incidents … Petitioner(s);
(Mr. V. Giri, Sr. Advocate (A.C.), Mr. Krishna Dev Jagarlamudi, Adv. and Ms. Uttara Babbar, Matter is to be Listed on 17.01.2020 Regarding the Human Rights Court and I.A on Behalf of State of Madhya Pradesh)
SMW (Crl.) No(s). 1/2019, decided on January 17, 2020
The Order of the court was delivered by
Order
Report of AIIMS
1. We have considered the Report submitted by Medical Superintendent of AIIMS which states that the injured Mahendra Singh, Advocate, is still in a coma. He cannot talk and can barely communicate. Though, it is stated that he does respond with eye contact. The report of AIIMS is that no further treatment can be given to him and he may be either taken to some other hospital or kept at home because no further treatment at AIIMS is required.
2. Keeping in view the fact that there is always shortage of beds at AIIMS and Mahendra Singh is not been given any active treatment in AIIMS, we permit AIIMS to discharge him subject to the condition that he should be admitted in Dr. Ram Manohar Lohia Hospital at Lucknow for further aftercare and treatment.
3. We direct the State of U.P. to ensure that a suitable Ambulance can be used in such a case so that the injured can be transferred from AIIMS, Delhi to Dr. Ram Manohar Lohia.
4. Needful be done within one week. We make it clear that Mahendra Singh should be provided proper treatment including physiotherapy free of cost.
State of Madhya Pradesh
5. On 16-12-20191, we had passed an order with regard to the State of Madhya Pradesh in which we had observed that the State of Madhya Pradesh had not cared to file response either to the order of this Court dated 25-7-20192 or to the order dated 13-11-20193. After we had dictated the portion of order relating to Madhya Pradesh, Shri Rahul Kaushik had put in appearance as noted in the last portion of the order.
6. Now, affidavit has been filed along with application for waiver of the cost.
7. From the affidavit, it appears that there are 28 exclusive POCSO Courts already functioning. Since action has now been taken, we waive the cost of Rs. 10 lakhs.
8. We further direct that in terms of our order dated 16-12-20191, the Registrar General of the High Court of Madhya Pradesh and Chief Secretary of the State of Madhya Pradesh shall sit together and ensure that requisite exclusive POCSO Courts are set up in the State.
9. List the matter on 06.03.2020.
10. We make it clear that issue of setting up Human Rights Courts will not be taken in this suo motu writ petition and this petition will deal only with exclusive POCSO Courts. The issue of setting up of Human Rights Courts shall be dealt with C.A. No. 7968/2019 and W.P.(C) No. 819/2019.
11. It is pointed out to us that there is another matter being C.A. No. 5912/2012 wherein the issue of setting up Human Rights Courts is also been dealt with.
12. List all the three matters regarding setting up of Human Rights Court before one Bench after obtaining orders from Hon’ble the Chief Justice of India.
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1 Alarming Rise in Number of Reported Child Rape Incidents, In re, Suo Motu Writ Petition (Cri) No. 1 of 2019, order dated 16-12-2019 (SC)
2 Alarming Rise in Number of Reported Child Rape Incidents, In re, Suo Motu Writ Petition (Cri) No. 1 of 2019, order dated 25-7-2019 (SC)
3 Alarming Rise in the Number of Reported Child Rape Incidents, In re, Suo Motu Writ Petition (Cri) No. 1 of 2019, order dated 13-11-2019 (SC)
