Taking cognisance of long pendency in trials in acid attack cases, a Supreme Court bench said delays spanning decades is a “national shame” and a “mockery of the system”.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi on Thursday mooted the idea of setting up special courts for expeditious disposal of acid attack cases, and also asked the Centre to consider amending the law through legislation or an ordinance so that the acid attack survivors are formally included within the definition of persons with disabilities under the ‘Rights of Persons with Disabilities Act’ to avail welfare schemes.
Hearing a PIL filed by acid attack survivor, Shaheen Malik, whose case has been pending since 2009, the bench issued notices to the Centre and the Department of Empowerment of Persons with Disabilities, asking that the victims be categorised as persons with disabilities.
Malik, who also argued personally, said that she was attacked in 2009, yet the trial has still not concluded. “’Mere saath 2009 mein attack hua tha, abhi tak trial chal raha hai’ (I was attacked in 2009; the trial is still going on),” she said, adding that there was no trial until 2013, and that the trial is now at the stage of final hearing before a Rohini court.
Surprised and dismayed over the 16-year-delay, the CJI said, “The offence is of 2009 and the trial is not completed! If the National Capital cannot respond to these challenges, then who will deal with them? It is a shame on the system! This is a national shame.”
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While asking Malik to file an application in the PIL itself explaining why the matter has not been concluded and assuring her that the court may even take suo motu cognizance, the court set a deadline of four weeks for High Courts across the country to furnish details of pending trials in acid attack cases.
“[Learned Solicitor General] has expressed concern about the causes raised in the instant petition. We also direct the registrar generals of all high courts to furnish the details of pending trials in the cases of acid attack victims in their respective jurisdiction,” the bench ordered.
The CJI said the trial in Malik’s must be held on a day-to-day basis, while announcing that the aspect of pendency of cases and covering acid attack victims within the definition of persons with disabilities will be taken up after four weeks.
The bench, however, said that it will take up next week the issue of the delay in the trial in Malik’s case at a Rohini court here.
The CJI also expressed shock upon learning that victims of acid attacks included not only those who had acid thrown at them, but also those who had been forced to ingest it, leaving them with artificial feeding tubes and severe disabilities.
CJI Kant further remarked that these offences ought to be tried in special courts, given the gravity and the impact on survivors.
“This is a mockery of the system. There should be no sympathy for such persons (accused),” he said.
The perpetrators “should meet with the same ruthlessness as done by them,” the solicitor general commented.
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