'Shame on system': SC takes exception to 16-year delay in acid attack case trial

Taking strong exception to inordinate delay in completion of trial in acid attack cases, the Supreme Court on Thursday asked all 25 high courts to submit within four weeks details of such pending cases across India.

"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 it? It’s a shame on the system..." a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, expressing surprise over the 16-year delay in completion of trial of petitioner Shaheen Malik – an acid attack victim. Malik has filed a PIL on the issue.

Suggesting setting up special courts for expeditious disposal of acid attack cases, the Bench said the trial in the petitioner’s case must be held on a day-to-day basis. The Bench said it may even take suo motu cognizance of the issue.

It asked her to file an application seeking direction to expedite the trial. “File an application in the PIL. We will direct that the trial be held every day,” the CJI told the petitioner, while posting her case for further hearing next week.

The top court asked the Centre to consider amending the law or even promulgating an ordinance to formally include acid attack survivors within the definition of ‘persons with disabilities’ under the Rights of Persons with Disabilities Act to enable them to avail of welfare schemes.

As the petitioner said her own case has been pending in a court in Rohini here for 16 years, the CJI said, “This is a mockery of the system... there should be no sympathy for such persons (accused).”

Solicitor General Tushar Mehta said the accused should be met with “the same ruthlessness”. He said the Government will take up the issue with "due seriousness".

Malik told the Bench that there were several cases in which victims were forced to consume acid, leading to severe long-term disability. Many of them were unable to walk and depended on artificial food pipes for survival, she submitted.

Narrating her own ordeal, Malik said she was attacked in 2009, yet the trial has still not concluded. “Till 2013, nothing happened in the case and the trial, which is now taking place in Rohini in Delhi, is at the stage of final hearing, " she added.

Malik said she had lost all hope in the system until a judge -- Parminder Kaur – took up the matter.

"There was an attack on me in 2009. But now I work for others. There are others who were made to drink acid and they suffer equally," the petitioner told the court.

As the Bench issued notice on Malik’s PIL, the Solicitor General “graciously” accepted it.