2007 Supreme(J&K) 215
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain,Bashir Ahmad Kirmani, JJ.
Suomoto Proceedings In Flesh Trade - Appellant
Versus
State & Ors. - Respondent
OWP No. 299/2006 And 300/2006
Decided On : 08 October, 2007
Advocate For Appellant: M.A. Qayoom
Advocate For Appellant: R.A. Jan
Advocate For Appellant: M.A. Dar
Advocate For Respondent: A.H. Naik
Advocate For Appellant: Z.A. Shah
Advocate For Appellant: Z.A. Qureshi
Advocate For Appellant: M.M. Din
Advocate For Appellant: M.A. Makhdoomi
Advocate For Appellant: N.A. Ronga
Advocate For Appellant: M.A. Bhat
Advocate For Respondent: M.A. Rathore
Advocate For Respondent: S.A. Naik
1. On 02.05.2006, this court initiated suomoto proceedings in the matter in following terms:
"1. For a couple of preceding days, painful reports regarding inducement, and blackmail of teen-aged girls to lure and coerce them into immoral physical submission have appeared in press. What makes the reports alarming are allegations that some persons highly placed in different spheres are directly involved therein. Ex-facie the occurrences reported are so horrifying that even a fraction only thereof would be a complete horror in itself .
2. Pushing innocent minor girls in flesh trade is an extremely treacherous act and if constitutionally acknowledged social and moral commitments mean anything, the traders of this treachery have to be brought to account, irrespective of their placement and position, for which this Court perhaps cannot avoid indulgence, particularly while cases registered in the matter weeks back are reportedly lying without any headway in the investigation.
3. Accordingly, while initiating proceedings suomoto, I direct Registrar Judicial to seek orders in the matter for its appropriate listing under rules preferably during current week."
Few days after this on 09.05.06, High Court Bar Association, also instituted writ petition OWP no. 300/06, and pleading that sexual exploitation of girls including minors has been going on in the city at large scale since long with active patronage of influential people, sought indulgence for having the matter dealt with under law. Meanwhile, state Govt. had ordered investigation of the case by CBI which took it over from local police on 11.05.2006; and recommenced the same.
2. On 12.05.2006, the matter came up before a Single Bench of this court, which while opining that the matter involved public interest sought listing of the matter before a larger bench with following observations:-
" The matter relates sensational sex scandal which has been unearthed very recently, Srinagar City has been rocked by the demonstrations which are still going on. The allegations are grave. Involvement of high officials, bearucrats, police personals and influential persons is alleged. It was in view of the issues raised in the case and to enable the Court to come to the conclusion as to whether the case should be heard by this Bench or referred to a larger Bench that this court on 10.05.2006 issued notices to the Chief Secretary and the Director General of Police to file their reply as well as the status report of the case.
Keeping in view the sensitivity of the issue involved, sensibilities of the public and nature of the facts alleged I find it a fit case which should be heard by a larger Bench of this court. Accordingly I direct the Registrar Judicial to place the matter before Honble Chief Justice for appropriate orders. In view of the urgency involved let the matter be placed before the Honble Chief Justice today for orders..."
3. Ultimately the case was listed before this Bench on 15.05.2006, when proceeding were initiated as follows:-
"We have considered the petitions. We have also considered the material on file.
Since the State Government has now assigned the investigation of the case to CBI, who have reportedly taken over the job, we feel CBI is a necessary party in the case. We therefore direct arraying CBI through its Director as Respondent No.5 in the case. Registry to make necessary changes in the cause title.
In view of the issues raised in the petition and the submissions made the petitions are admitted to hearing.
............."
Keeping in view the issues raised we direct as under:-
a/ The investigation of the case as being conducted by the CBI shall henceforth be monitored by this Court.
b/. Report about the progress in the investigation shall be submitted by C. B.I. team conducting the investigation to this Court under a confidential cover, daily till further orders. To start with the status report of investigation conducted so far by C.B.I. shall be submitted by 12.30 P.M. t