2007 Supreme(Raj) 200
Rajasthan High Court
Honble N.N. MATHUR, J. Honble GOPAL KRISHNA VYAS, J.
Suo Moto - Appellant
Versus
State of Rajasthan - Respondents
D.B. Civil Writ Petition No. 2856 of 2005
Decided On : February 05, 2007
N.M. Lodha, Additional Advocate General
Headnote:Constitution of India, Art. 226 – True administration of justice – The Court took Suo moto cognizance to monitor the cases of crimes against women – Directed to take effective steps to deal with such cases and to eliminate such happenings – Obligation on the Govt. to comply with the same – Held – True administration of justice is the finest pillar of a good government – In a democratic polity, the role of judiciary is indispensable – The efficient functioning of the rule of law under the aegis of which our democratic country can thrive, requires on efficient strong well equipped, enlightened judiciary and to have it that way, the nation has to pay the price – It is constitutional obligation an the Govt. to strengthen judiciary by providing requisite funds, manpower and infrastructure and also to improve management system and to bring co-ordination between different segments of criminal justice system i.e. Courts, prosecution and police – Directions issued. (Paras 12 to 14)
"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