High Court of Delhi
THE HONOURABLE CHIEF JUSTICE MR. N.V. RAMANA & THE HONOURABLE MR. JUSTICE RAJIV SAHAI ENDLAW
Court On Its Wn Motion
Versus
Union of India & Others
W.P. (C) No. 817 of 2014
Decided On : 12-02-2014
Intolerance - Movement of People - The Constitution of India, Article 19(1)(d)&(e), Article 301 - The judgment discusses the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India, and the provision for free trade, commerce, and intercourse throughout the territory of India. It emphasizes the importance of respecting cultural differences and the need for tolerance to ensure peaceful coexistence.
Fact of the Case:
The court addresses the issue of intolerance towards the movement of people within India, particularly focusing on the harassment and crimes against people from North-Eastern States in Delhi. It highlights the need to expedite trials and decisions in such cases to act as a deterrent.
Finding of the Court:
The court finds that the trials in cases of harassment of people from North-Eastern States in Delhi are pending for 4-5 years and emphasizes the importance of expediting the trials and decisions to serve as a deterrent.
Issues: The court addresses the delay in trials for cases of harassment against people from North-Eastern States in Delhi and the need for measures to prevent such offenses.
Ratio Decidendi: The court emphasizes the need to expedite trials and decisions in cases of harassment against people from North-Eastern States in Delhi and directs the concerned courts to take necessary steps. It also highlights the importance of setting up separate helplines and police units to address crimes against people from North-Eastern States.
Final Decision: The court directs the concerned courts to expedite the disposal of cases related to harassment of people from North-Eastern States in Delhi and issues various directives to address the challenges faced by the victims and to prevent such offenses in the future.
1. This Court has suo moto taken up this issue and is spending considerable judicial time thereon as the recent incidents, in our view, are indicative of a disturbing trend, which threatens the integrity of the country, of intolerance to movement of people within the country when The Constitution of India, in Article 19(1)(d)&(e) recognises and confers on all citizens the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India and Article 301 thereof provides that trade, commerce and intercourse throughout territory of India shall be free. No native of any State of India can be allowed to, by harassing, offending and by other criminal acts, prevent people from another State to settle and carry on any business or vocation therein. Today, when the boundaries between countries and restrictions on movement internationally are disappearing, it is unfortunate that a small cross section of society is attempting to put up barriers to movement within the country. The Constitution of India does not provide for, India as a confederation of States, broken up into fragments by narrow domestic walls but as a Union of States. There are bound to be cultural differences between people of different States of India. Such differences are the essence of humanity. The said differences, rather than becoming a source of hatred or conflict and separating us, should be respected and harnessed to bring a collective strength that can benefit the entire country. If this country is to survive and to be at peace, each of us has to respect the rights of others and cultivate the ability to live together. Tolerance, is a requirement for survival. Mahatma Gandhi said “No culture can live if it attempts to be exclusive”.
2. Mr. Siddharth Luthra, ASG appearing for Delhi Police has in Court handed over a report in compliance of the directions contained in the order of 10th February, 2014.
3. The said report furnishes:
(i) Status of the case, last and next date of hearing, total number of witnesses, total number of witnesses examined and the reasons for delay qua the 26 cases mentioned in the impleadment application allowed on 7th February, 2014;
(ii) average number of post mortems conducted per day by each of the 13 hospitals in Delhi and the difficulties/constraints faced by each of the said hospitals; and,
(iii) details of measures taken on ground level to prevent offences against persons belonging to North-Eastern States.
4. On perusal, we find the trials in the 26 cases of harassment of people from North-Eastern States in Delhi to be pending for 4-5 years. We are of the view that in the face of the recent spurt in cases of harassment and crimes against people from North-East States in Delhi, it is essential to expedite the trials and decision in the said cases, so that the conviction if any therein, can act as a deterrent. Mr. Siddharth Luthra, ASG has furnished a list of the Courts where the said cases are pending. We direct the Courts where the said cases are pending, to expedite the disposal thereof and of other cases of like nature. The Registrar General to communicate this order to the concerned and other Courts. We may notice that though Mr. Rajeeve Mehra, ASG, in the draft suggestions placed by him before this Court has suggested constitution of a designated Court to try cases of offences against the people of North-East Region but we are of the opinion that a quicker decision in the cases can be achieved by giving direction on the administrative side to the concerned Courts, rather than designating one Court only for trial of all such cases.
5. Except Rao Tula Ram Memorial Hospital, none of the other hospitals have expressed any difficulty in conducting post mortem examination and have reported that save for cases where report of viscera examination from the CFSL/FSL Laboratories is required, the post mortem reports are given within 48 hours, except for unforeseen circumstances. However M
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