the Supreme Court expressed shock at an undertrial not being produced physically before the trial court near Mumbai for 55 of the 85 hearings in the case pending against him. (File Photo)
The Supreme Court Thursday sought data from high courts across the country regarding the pending trials in acid attack cases while hearing a Public Interest Litigation (PIL) concerning the condition of acid attack survivors.
A bench of Chief Justice Surya Kant and Joymalya Bagchi also asked Solicitor General Tushar Mehta to take instructions if necessary amendments can be carried out to bring acid attack victims within the scope of the Rights of Persons with Disabilities Act, 2016.
“Issue notice. The learned Solicitor General who was present in the Court has graciously accepted notice. He has also expressed concern about the causes raised in the instant petition. We also direct the Registrar Generals of all High Courts to furnish the details of pending trials in the cases of acid attack victims in their respective jurisdiction,” the court said in its order.
Appearing before the court, the victim said nothing had happened in her case until 2013, and pointed out that thereafter it was reopened by a judge and the trial was transferred from Haryana to Delhi.
In response to a query from the bench about the status of the trial, she said it is still pending before a Rohini court and is at the stage of final arguments.
Expressing alarm, CJI Surya Kant asked, “Why has the 2009 case trial still not concluded? This trial must be held every day. What’s happening? [If] the national capital can’t respond to these challenges, then who will do it? Shame on the system.”
The victim also said she was only getting minimum compensation. She said many others were made to drink acid. The marks are not visible on their face, but they undergo distress throughout their life and have to live with artificial food pipes as the acid burned their digestive tracts.
Solicitor General Tushar Mehta said that victims of acid attacks should be treated as disabled. “Under this Act, they will have to be covered,” he said.
SG Mehta said the court may interpret the law accordingly, “otherwise I will see that it is amended.”
CJI Kant told Mehta to see if any affirmative action can come from the government. “Also, please consider that all these cases should also be tried by special courts.”
Agreeing, SG Mehta said, “On a day-to-day basis without any adjournment”, and added that offenders in such cases “must be met with the same ruthlessness with which they commit this offence.”
“No court must have any sympathy for this person. System must respond,” said CJI Surya Kant.