‘Strange disinclination on Admn’s part to admit to such a shocking incident’

Expressing deep regret and anguish over the conduct of a few Administration employees,Gupta,without disclosing the names,said: “They have chosen to bury their head in sand and not see reality.”

Repeatedly requesting the court to decide the issue,Gupta submitted that a level of sensitisation and sense of accountability will lack in case the issue is left to the Administration.

When asked why the UT Administration could not order termination of pregnancy on its own rather than seeking permission from the court,Gupta responded: “The UT Administration cannot be a measure of its own accountability.”

Submitting that Bhupinder Singh,the prime accused in the case,was certainly involved,Gupta added: “I don’t rule out the possibility of more persons being involved in the crime. Kamla was the facilitator.”

Stating that the case would have far-reaching social ramifications,the senior standing counsel requested the court to take the strictest action against the guilty. Gupta clarified that the victim has been consistent in her statements right from scratch,adding that the medical reports had not been tampered with.

Terming it as a “peculiar” case,the Bench observed that even the legislature could not have expected that such a case would arise. As per the relevant Act and rules,permission for termination of pregnancy has to be given by the guardian. In this case,the victim has no guardian or even a distant relative.

The Bench questioned Gupta whether the act of the court deciding such a case would lead to “accusations of judicial activism and provide an alibi for administrative authorities to pass the buck to the court each time such a peculiar situation arose”. Responding to this,Gupta said,“If there is any forum,then this is it.”

Punjab Advocate General,senior advocate H S Mattewal,meanwhile,vehemently requested the court to immediately grant permission to terminate the girl’s pregnancy. “How can we allow the pain of the poor girl to continue?” Mattewal questioned.

He also appreciated the UT Administration’s stand in approaching the court. “The Administration has admitted to its failure. They have a genuine reason to approach the court and permission should be granted,” Mattewal added.