N.N.MATHUR,J. - (1.) A sordid and obnoxious incident of rape on a foreign lady tourist in the intervening night of 11th and 12th May, 2005 reported in the regional Newspapers evoked the judicial conscience to take suo moto congnizance, considering that the Constitutional Courts vested with the powers under Article 226 of the Constitution of India, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant provisions of law.
(2.) IN order to combat the increasing crime against women and to ensure protection and preservation of their human rights, the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial Courts. Thus, in order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident, by order dated 13.5.2005, we ordered as follows : "2. The rape is serious crime whether it is of a foreign tourist or any other woman. However, it leaves a question mark on the safety of the foreign tourist in the City of Jodhpur. It is likely to create panic amongst the tourists visiting Jodhpur and the other parts of the country. 3. In the peculiar facts and circumstances of the case, we consider it appropriate to take cognizance of the incident and direct as follows :- (i) The Registry is directed to register a suo moto petition under the label of "Public Interest Litigation". (ii) The State of Rajasthan through Secretary Department of Home, the Director, Tourism and Superintendent of Police (City) Jodhpur be impleaded as party respondents. (iii) A notice be issued to the said respondents returnable within a period of one week. 4. By ad interim order, further directions are given as follows : (a) The Superintendent of Police, City Jodhpur is directed to ensure that the investigation of the case is concluded at the earliest. (b) All the agencies concerned with the investigation, including Director F.S.L. are directed to co-operate with the investigation. F.S.L. Report must reach on or before 16.5.2005. (c) In event of filing of charge-sheet, the learned Sessions Judge is directed to ensure that the trial of the case is concluded expeditiously as far as possible within a period of one month from the date of filing of charge-sheet. (d) The Superintendent of Police, City Jodhpur is directed to ensure the safety of the victim. (e) The State of Rajasthan is directed to bear all the expenses of the victim for her overstay on account of the incident. She will be paid lodging and boarding expenses for visiting Jodhpur for investigation or trial in connection with aforesaid incident. (f) The question with respect to the payment of compensation shall be decided after hearing counsel for the State on the next date of hearing. (g) The Principal Secretary, Department of Home, State of Rajasthan is directed to ensure the compliance of the order. (h) A copy of the order be sent to the Principal Secretary, Department of Home, State of Rajasthan today itself by fax. (i) A copy of the order be also served on the victim." SPEEDY and FAIR INVESTIGATION AND TRIAL : Conducting a fair trial for those, who are accused of criminal offence, is the cardinal stone of democracy. Conducting the speedy and fair trial is beneficial both the accused as well as to the Society, which includes the victim. The right of speedy trial of criminal offence has been recognized, implicit in the broad sweep and content of Article 21. In Kartar Singh v. State of Punjab, 1994(2) RCR(Crl.) 168 (SC) : (1994)3 SCC 569, the Apex Court has observed :- "The concept of speedy trial is read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution. The right to speedy trial begins with the actual restraint imposed by arrest and consequent incarceration and continues at all stages, namely, the stage of investigation, inquiry, trial, appeal and revision so that any possible prejudice that may result from impermissible and avoidable delay from the time of the commission of the offence till it consummates into a finality, can be averred".
(3.) THE Mallimath Committee has also observed with respect to speedy investigation and trial in para 16.6.2 as follows : "16.6.2 The Committee therefore recommends that so far as offences of rape and other sexual offences against women are concerned, a suitable provision should be made requiring the investigating agency to complete the investigation within the prescribed time and for the Court to dispose of such cases on priority basis within a period of four months." ;