SC asks all High Courts to submit details of pending acid attack cases in four weeks

Terming tardy trials in acid attack cases as a “mockery of the system”, the Supreme Court on Thursday directed all the High Courts to submit details of such pending cases across the country within four weeks.

Mooting the idea of setting up special courts for expeditious disposal of acid attack cases, the top court also asked the Centre to consider amending the law through legislation or even an ordinance so that the survivors are formally included within the definition of persons with disabilities under the Rights of Persons with Disabilities Act to avail welfare schemes. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi also issued notices to the Centre and the Department of Empowerment of Persons with Disabilities on a PIL filed by acid attack survivor Shaheen Malik that the victims be categorised as persons with disabilities to ensure access to welfare schemes.

Solicitor General Tushar Mehta assured the court that the issue would be taken up with “due seriousness” by the Government.

The bench termed as “national shame” the prolonged delay of 16 years in Malik’s own case, which has been pending since 2009 before a Rohini court here.

Malik, who also argued personally, said that she was attacked in 2009, yet the trial has still not concluded. ‘Mere saath 2009 mein attack hua tha, abhi tak trial chal raha hai’ (I was attacked in 2009; the trial is still going on),” she said. Till 2013, nothing happened in the case and the trial, which is now taking place in Rohini in Delhi, is now at the stage of final hearing, she said. Expressing surprise over the delay of over 16 years, the CJI said, “The offence is of 2009 and the trial is not completed! If the National Capital cannot respond to these challenges, then who will deal with them? It is a shame on the system! This is a national shame.”

The CJI asked Malik to file an application in the PIL itself explaining why the matter has not been concluded, assuring her that the court may even take suo motu cognisance. The CJI said the trial in her case must be held on a day-to-day basis. “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 bench ordered.

The CJI said that the aspect of pendency of cases and covering acid attack victims within the definition of persons with disabilities will be taken up after four weeks. The bench, however, said that it will take up next week the issue of the delay in the trial in Malik’s case at a Rohini court here.

During the hearing, Malik highlighted the plight of victims who are forced to ingest acid, often surviving with artificial feeding tubes and severe disabilities. The CJI expressed shock and said he had heard about the incidents of acid-throwing but had never come across cases where victims were forced to consume acid. CJI Kant further remarked that these offences ought to be tried in special courts, given the gravity and the impact on survivors. “This is a mockery of the system. There should be no sympathy for such persons (accused),” he said.

The perpetrators “should meet with the same ruthlessness as done by them,” the solicitor general said.