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".valuable days have been lost in just postponing this case...See in such cases there must be a sense of urgency and not a lackadaisical attitute.. we are sorry to make such remarks...", Supreme Court observed on Saturday morning.
A special bench of the Supreme Court constituted to hear a plea by rape survivor seeking to terminate her pregnancy pulled up the Gujarat High Court for its lackadaisical attitude in dealing with the 25-year old's case.
Justices BV Nagarathna and Ujjal Bhuyan were informed today that the after a medical board was constituted by the High Court, which submitted its report on August 11, 2023, the High Court went on to adjourn the case for over 12 days.
"On 7th we approached HC and on 8th the medical board was constituted. On 11th August medical report came but HC did not show any indulgence in our favour...", Advocate Shashank Singh told the bench.
Inquiring about the High Court's order, Justice Nagarathna said, "What is the order that came on 11 August? standover to 23rd for what purpose..how can the court say this..how much valuable time is lost by such an order..".
Court was then informed that the plea was rejected by the High Court on August 17 and a detailed order is still awaited.
Hearing this, a visibly upset bench went on to seek an explanation from the High Court.
"The girl is 25 years old. On 11 August, the report was submitted by medical superintendent. Strangely the HC listed the case 12 days thereafter losing sight of the fact that every day's delay was crucial and of great significance. Having regard to the status of the case, we can say that petitioner sought to terminate her pregnancy when she was already 26 weeks pregnant. Valuable time is lost. Be that as it may, we have been informed that case status shows that on 17th August, the petition was rejected by HC and no reasons were dictated. Further it is submitted that impugned order is yet to be uploaded. In these circumstances, we direct Secretary General of this Court to ask the Registrar General, High Court if the order has been uploaded or not.", Supreme Court recorded in its order.
Court also remarked that it was impossible for it to pass an order as the impugned order was not on record.
Noting that valuable time was already lost, an on a request made by Advocate Singh, the top court has further ordered that a fresh report may be sought from the medical board at Baraut.
"We direct petitioner to appear before KMCRI to be examined once again and the latest status report may be submitted to this court by tomorrow evening by 6 PM. Same shall be put up before this court on Monday. The matter shall be taken as the first item on board", the order adds.
Standing Counsel Swati Ghildiyal appearing for State of Gujarat accepted notice on its behalf.
Case Title: XYZ vs. State of Gujarat
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