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2005 Supreme(Raj) 1417

N.N.MATHUR, MANAK MOHTA
Suo Moto – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
N.M.Lodha, Additional Advocate General with S.K.Vyas, Additional Government Advocate

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The High Court exercised suo moto jurisdiction under Article 226 of the Constitution of India, emphasizing that it can take cognizance of matters involving violations of fundamental rights without a person personally approaching the court (!) .

  2. The incident involving a foreign woman tourist who was raped prompted the court to take immediate suo moto action to ensure justice, reflecting the Court’s responsibility to address crimes against women and uphold human rights (!) (!) .

  3. Fundamental rights, including the right to life and personal liberty under Article 21 of the Constitution, extend to all persons within Indian territory, including non-citizens such as tourists, and these rights must be protected regardless of citizenship status (!) (!) (!) .

  4. The protection of victims of sexual offences, especially in cases involving foreign nationals, includes ensuring their dignity, safety, and access to justice. The law prohibits disclosure of the victim’s identity to prevent social victimization, with specific provisions making such disclosures punishable (!) (!) (!) .

  5. The legal framework for sexual offences has been amended to impose stricter punishments, including minimum imprisonment terms, and emphasizes the importance of conducting in-camera trials to protect the dignity of victims (!) (!) .

  6. The Court recognizes the importance of expeditious investigation and trial in sexual violence cases. Special courts, such as Fast Track Courts, have been established to reduce delays, with a focus on completing investigations within a week and trials within four months (!) (!) (!) .

  7. Victim protection measures include providing medical, psychological, and social support, ensuring protection during court proceedings, and creating a conducive environment for victims to testify without harassment or trauma (!) (!) (!) .

  8. Compensation to victims is a recognized constitutional and judicial principle, aimed at providing reparations for violations of fundamental rights. The Court awarded monetary compensation in this case, emphasizing that the right to life includes living with dignity and that victims of violence should receive appropriate redress (!) (!) (!) (!) .

  9. The Court underscores the importance of coordination among various agencies—police, prosecution, judiciary, and support services—to ensure swift and effective justice delivery, especially in sensitive cases involving sexual violence (!) (!) (!) .

  10. The order directs the State to establish specialized cells and schemes for victim support, ensure prompt investigation, and conduct training and awareness programs for judicial and law enforcement personnel to sensitize them to issues of sexual offences and victim rights (!) (!) .

  11. The Court appreciates the efforts of law enforcement and judicial officers in conducting prompt and scientific investigations, and emphasizes that such efforts should be recognized and documented in their service records (!) (!) .

  12. The Court’s intervention aims to uphold human dignity, ensure swift justice, and reinforce the constitutional obligation of the State to protect the rights of all persons within its jurisdiction, including foreign nationals, in cases of violence and rights violations (!) (!) .

  13. The Court also highlights the importance of international human rights principles and treaties, which support the extension of fundamental rights beyond citizens, reinforcing that the protection of life and dignity is a universal obligation (!) (!) (!) .

  14. The order emphasizes that the legal protections and procedural safeguards are designed to prevent harassment, humiliation, or trauma to victims, particularly women and vulnerable groups, during investigation and trial processes (!) (!) (!) .

  15. Finally, the Court mandates specific actions, including monetary compensation, establishment of coordination cells, training programs, and procedural safeguards, to improve the justice system’s response to sexual offences and protect victims’ rights effectively (!) (!) (!) .

Please let me know if you need further elaboration or assistance with specific legal questions.


Honble MATHUR, J.–A sordid and obnoxious incident of rape on a foreign lady tourist In the intervening night of 11th and 12.05.2005 reported In the regional Newspapers evoked the judicial conscience to take suo moto cognizance, considering that the Constitutional Courts vested with the powers under Article 226 of the Constitution of India, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant provisions of law.

(2). In order to combat the increasing crime against women and to ensure protection and preservation of their human rights, - the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial Courts. Thus, In order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident , by order dated 13.5.2005, we ordered as follows:

``2. The rape is serious crime whether it is of a fore















































































































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