‘Shame’: SC asks HCs to give list of acid attack cases within 4 weeks

The Supreme Court on Thursday took exception to inordinate delay in completion of trial in acid attack cases and directed 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 and Justice Joymalya Bagchi said, expressing surprise over the 16-year delay in completion of trial in a case of petitioner Shaheen Malik — an acid attack victim. Malik has filed a PIL on the issue.

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

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

The SC 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 had been pending in a Rohini court here for 16 years, the CJI said: “This is a mockery of the system... there should be no sympathy for such persons (accused).”

Mockery of system

“This is a mockery of the system. There should be no sympathy for such persons (accused)” — SC Bench

Solicitor General Tushar Mehta said the accused should be met with “the same ruthlessness”, and added that government would 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 remained dependent on artificial food pipes for survival, she submitted.

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

Malik said she had lost all hope in the system until a judge — Dr 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.