Honble MATHUR, J.–Jodhpur the historic City with its appeal of magnificent forts, gleaming sands, bustling City, City Palace with all colours of life, a tradition for "Atithi Devo Bhave" beckons tourists from places near and far. It was this mystical charm attracted a 47 years old Mrs. Petra Wust a German national and an employee with Lufthansa Airlines, and she arrived at Jodhpur on the evening of 11th May, 2005. She checked into a Hotel namely Haveli Guest House inside the walled City. She went out for dinner to a Five Star Hotel and while returning hired Auto- Rikshaw. The Auto-Rickshaw Driver and his associate, instead of dropping her in Hotel, drove to a village on the out- skirts of the city and the bank of the Jojari river alleged to have raped. Her screams attracted the villagers on the spot. The two accused fled away. The villagers took the terrified woman to Police Station, where she narrated ordeal. The police immediately swung into action and the Auto Driver was soon nabbed at a Check Post. The other accused was also arrested. The investigation was taken up by young I. P. S. Officer Shri Prafulla Kumar, A. S. P. He also recorded the statement of the victim. She was shattered psychologically, physically and as such no longer wanted to stay back in India even for a day. The news of the incident flashed in various news papers of 13th May, 2005. Considering that the constitutional courts vested with powers under Article 226 of the Constitution of India can no more be a silent spectator in the matter of violent crimes against women and wait for its turn for dispensation of justice, this Court took suo moto cognizance of the incident and by ad-interim order while directing for speedy investigation also directed the State Government and police authorities to extend psychological, physical and economical assistance to the victim and make her stay comfortable to ensure that she does not leave the country and co-operate in investigation and trial of the case. The Court gave a specific direction to bear the expenses of the victim for her over stay on account of the incident. The operative part of order dated 13th May, 2005 reads as follows:-

"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:-

The rape is serious crime whether it is of a foreign tourist or any other woman. However, it leaves a question mark on the safety of the foreign tourist in the City of Jodhpur. It is likely to create panic amongst the tourists visiting Jodhpur and the other parts of the country.

In the peculiar facts and circumstances of the case, we consider it appropriate to take cognizance of the incident and direct as follows:-

(i) The Registry is directed to register a Suo Moto petition under the label of "Public Interest Litigation".

(ii) The State of Rajasthan through Secretary Department of Home, the Director, Tourism and Superintendent of Police (City) Jodhpur be impleaded as party respondents.

(iii) A notice be issued to the said respondents returnable within a period of one week.

By ad interim order, the further directions are given as follows:-

(a) The Superintendent of Police, City Jodhpur is directed to ensure that the investigation of the case is concluded at the earliest.

(b) All the agencies concerned with the investigation, including Director F. S. L. Are directed to co-operate with the investigation. F. S. L. Report must reach on or before 16. 5. 2005.

(c) In event of filing of ch

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