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2020 Supreme(Chh) 69
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
P.R. Ramachandra Menon, CJ. and Parth Prateem Sahu, J.
SANTRA KATHE - Appellant
Versus
STATE OF CHHATTISGARH - Respondent
Writ Petition (Public Interest Litigation) No. 2 of 2013
Decided On : 06-01-2020
Meena Shastri, Advocate, Vikram Sharma, Advocate, R.S. Marhas, Advocate, Sunil Otwani, Advocate, Ashish Shrivastava, Advocate
Headnote:
Criminal Procedure Code, 1973 - Sections 26 - Societies Registration Act, 1860 - public interest litigation – Offence of rape - Petitioner is social activist whereas Petitioner is society registered under Societies Registration Act and constituted with an intent to protect women and to work for their economical educational and social progress prosperity including welfare for disabled persons - Petitioners are stated as committed to cause of women and children - Alarming increase in instances of rape committed against girls including of tender age and women age years and above made Petitioners to collect data as to facts and figures and have approached this Court by way of writ petition – Held, This was followed by another order on directing State to file an affidavit as to steps taken for creation of infrastructure for child care facilities in remaining five districts of which shall also provide details as to video conference facility available in each of POCSO Courts - Pursuant to above orders Respondent State filed an affidavit pointing out status as to establishment of Child Care Homes in five Districts - Factum of granting sanction for opening of Child Care Homes in Districts has been mentioned also pointing out that clearances from Finance Department is also obtained - Information with regard to availability of video conferencing in POCSO Courts was stated as awaited from Respondent High Court - Later on Respondent State has filed an application to accept additional documents as to status report of video conferencing facilities in POCSO Courts - After hearing both sides and after going through entire materials on record this Court is of view that there is substantial compliance with directions issued by Apex Court and also by Court present writ petition - However more enthusiasm and concerted efforts have to be taken to achieve object in more speedy and effective manner from part of State by providing sufficient infrastructure wherever there is a lapse or deficiency for dealing with offences against women and children in time bound manner - So also Respondent State shall take adequate measures and effective steps to identify appoint aeploy sufficient Women Police Officers to deal with situation particularly for taking Section statements of rape victims and also to conduct investigation within time stipulated by Apex Court - It shall be for High Court to cause to effect necessary postings of Judicial Officers Lady Judicial Officers to extent possible to deal with offences against women and children and in particular cases of rape and to have same finalised within shortest possible time – Petition disposed
JUDGMENT
P.R. Ramachandra Menon, C.J. - Laxity in the matter of strict compliance of the directions given by the Apex Court in The State Punjab v. Gurmit Singh & Others, (1996) AIR SC 1393 and Sakshi v. Union of India, (2004) AIRSCW 3449 and the relevant provisions of the Criminal Procedure Code, 1973 in connection with the cases involving rape, the necessity to have a time bound trial, video conferencing of the victim, effective and meaningful compliance of the Victim Compensation Scheme etc. form the subject matter of challenge in this writ petition, preferred as a 'public interest litigation'.
2. The 1st Petitioner is a social activist, whereas the 2nd Petitioner is a society registered under the Societies Registration Act, 1860 and constituted with an intent to protect women and to work for their economical, educational and social progress and prosperity, including welfare for the disabled persons. The Petitioners are stated as committed to the cause of women and children. The alarming increase in the instances of rape committed against girls including of tender age and women of the age 18 years and above, made Petitioners to collect data as to the facts and figures and have approached this Court by way of this writ petition.
3. Referring to the cause as aforesaid, particularly in the light of the verdicts passed by the Apex Court at different points of time, the reliefs sought for are in the following terms:
"10.1 The Hon'ble Court may kindly be pleased to issue appropriate writ/direction/order commanding the respondents to assure the strict compliance of Supreme Court's direction given in Gurmit Singh s case, (1996) AIR SC 1393 and Sakshi s case, (2004) AIRSCW 3449 as well as concerned provisions of Criminal Procedure Code, 1973 including Sections 26(a), 157(i), 173, 309, 327, 357-A of the Code in rape cases.
10.2 The Hon'ble Court further be pleased to issue certain appropriate guidelines for better and quick enquiry and trial in rape cases like constitution of Special Court in each District of Chhattisgarh State exclusively for rape cases trial, time bound trial, video conferencing of victim during trial, strict compliance of victim compensation scheme given in Section 357-A of Criminal Procedure Code, 1973 in rape cases etc.
10.3 The Hon'ble Court be pleased to issue appropriate direction/order commanding the respondent No. 3 to frame out certain guidelines for the advocates to ask questions from the rape victim during trial complying the parameters given by the Apex Court in Gurmit Singh s case, (1996) AIR SC 1393 and Sakshi s case,2004 AIRSCW 349
10.4 Any other relief(s) which may deems fit, looking to the facts and circumstances of the case may be given for the protection and welfare of women in the State of Chhattisgarh."
4. Considering the importance of the subject matter involved, various interim orders came to be passed by this Court and pursuant to such orders, the course of action pursued by the State, the High Court, the Bar Council and also by the State Legal Services Authority have been put on record. Returns/additional returns/supplementary pleadings and affidavits have been filed on different occasions, also bringing in additional documents in support of such pleadings.
5. We heard Smt. Meena Shastri, the learned counsel for the Petitioners, Shri Vikram Sharma, the learned Deputy Government Advocate representing the State, Shri R.S.Marhas, the learned counsel representing the High Court of Chhattisgarh, Shri Sunil Otwani, the learned counsel representing the Chhattisgarh State Bar Council and Shri Ashish Shrivastava, the learned counsel representing the Chhattisgarh State Legal Services Authority.
6. The Petitioners point out that before the recent amendment of the Code of Criminal Procedure, 1973 (for short 'the CrPC'), the Apex Court had given exhaustive directions in Gurmit Singh (supra) as to the cross-examination of the prosecutrix during the trial, also alerting that it was the Court's duty to s
