2017 Supreme(SC) 782
MADAN B.LOKUR, DEEPAK GUPTA
Nipun Saxena – Appellant
Versus
Union of India – Respondent
Advocates Appeared:
For the Petitioners:Ms. Indira Jaising, Sr. Adv. (A.C.), (Petitioner-in-person), Aditya Arora, Namit Saxena, Ms. Radhika Saxena, Prashant Chaudhary, R.P. Gupta, E.C. Agrawala, Advs.
For the Respondents UOI: Maninder Singh, ASG, A.K. Panda, Sr. Adv., S.A. Habeeb, Ms. Bhakti Pasrija Sethi, B.V. Balaram, Shailender Saini, Gurmeet Singh Makker, B. Krishna Prasad, S. Wasim A. Qadri, J.A. Khan, Zaid Ali, Tamim Qadri, Saeed Qadri, Lakshmi Raman Singh, Ms. Jyotika Kalra, Advs.
For the Chandigarh Administration : Ms. Kamakshi S. Mehlwal, Sanveer Mehlwal, Dr. Ravindra Chingle, For States of Andhra Pradesh : Guntur Prabhakar, Ms. Prerna Singh, Advs.
For the Assam : Debojit Borkakati, Ms. Diksha Rai, (M/s. Corporate Law Group), Adv.
For the Bihar : Gopal Singh, Adv.
For the Chhattisgarh : A.P. Mayee, Adv.
For the Goa : Shishir Deshpande, Ms. Ruchira Gupta, Anurag Sharma, Advs.
For the Gujarat : Ms. Hemantika Wahi, Adv.
For the H.P. : D.K. Thakur, AAG.
For the Haryana : Ajay Bansal, AAG, Vishwa Pal Singh, Gaurav Yadava, Sanjay Kr. Visen, Advs.
For the J&K : Sunil Fernandes, Adv.
For the Jharkhand : Tapesh Kumar Singh, Adv.
For the Karnataka : V.N. Raghupathy, Adv.
For the Kerala : C.K. Sasi, Adv.
For the M.P. : Mishra Saurabh, Ankit Kr. Lal, Ms. Vanshuja Shukla, Advs.
For the Maharashtra : Ms. Madhavi Divan, Nishant Katneshwarkar, Advs.
For the Manipur : Sapam Biswajit Meitei, Adv.
For the Meghalaya : Ranjan Mukherjee, Adv.
For the Mizoram : T.G. Narayanan Nair, Adv.
For the Nagaland : Ms. K. Enatoli Sema, Edward Belho, Amit Kumar Singh, K. Luikang Michael, Advs.
For the Odisha : Shibashish Misra, Adv.
For the Punjab : Karan Bharihoke, Ms. Zehra Khan, Advs.
For the Rajasthan : S.S. Shamshery, Amit Sharma, Ankit Raj, Ms. Ruchi Kohli, Nalin Kohli, AAG, Ankit Roy, Indrajeet Singh, Ms. Vishakha Ahuja, Milind Kumar, Advs.
For the Sikkim : Ms. Aruna Mathur, Avneesh Arputham, Ms. Anuradha Arputham, Amit Arora, Ms. Simran Jeet for (M/s Arputham Aruna & Co.), Adv.
For the Tamil Nadu : M. Yogesh Kanna, Ms. Mahalakshmi, Ms. Sujatha B., Advs.
For the Telangana : S. Udaya Kumar Sagar, Mrityunjai Singh, For (M/s Lawyer's Knit & Co.), Adv.
For the Tripura : Gopal Singh, Adv.
For the Uttar Pradesh : Sanjay Tyagi, Upendra Mishra, Vinay Garg, Abhisth Kumar, Ravi Prakash Mehrotra, Advs.
For the Uttarakhand : Ms. Rachana Srivastava, Adv.
For the West Bengal : C.K. Ganguli, Adv.
For the A&N Islands : K.V. Jagdishvaran, Mrs. G. Indira, Advs.
For the Puducherry : V.G. Pragasam, Prabu Ramasubramanian, Manu Sundaram, Ardhendumauli Kumar Prasad, Arun K. Sinha, G.N. Reddy, Kamal Mohan Gupta, Khwairakpam Nobin Singh, Mrs. Kirti Renu Mishra, Mrs. Asha Gopalan Nair, B. Balaji, Advs.
ORDER
We have heard learned Amicus, the learned Additional Solicitor General, learned counsel for Chandigarh Administration as well as Mr. Alok Agarwal, Member Secretary, NALSA and Mr. Mahavir Singh, Member Secretary, State Legal Services Authority, U.T, Chandigarh.
2. We have also gone through the report prepared by Shri Mahavir Singh, Member Secretary, State Legal Services Authority, U.T. Chandigarh pursuant to our order dated 22.08.2017.
3. The report details the status relating to the health and physical condition of the rape victim and her new born baby. It also details the wishes of the parents of the victim and rehabilitation of the victim and new born baby. Finally, the report also contains status regarding investigation of the criminal case. As far as investigation of criminal case is concerned, it is stated that challan has been filed in an appropriate court on 24.08.2017. We are sure that the court will take necessary steps in the matter.
4. As far as the wishes of the parents of the victim are concerned, it is stated that they would like the new born baby to be adopted and it appears that steps have already been taken to declare the child free for adoption. It is further st
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