Delhi High Court

Court On Its Own Motion vs Union Of India & Ors on 12 February, 2014

Author: N.V. Ramana,Chief Justice

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 817/2014
       COURT ON ITS OWN MOTION                        ..... Petitioner
                     Through:
                            Versus
       UNION OF INDIA & ORS                          ..... Respondents
                     Through:    Mr. Rajeeve Mehra, ASG with Mr.
                                 Sumeet Pushkarna, Ms. Sara
                                 Sundaram, Advs. along with
                                 Mr. Suresh Kumar, J.S., MHA &
                                 Ms. Damyanti, J.S., DONER, Min. of
                                 Dev. of NE Region.
                                 Mr. Siddharth Luthra, ASG with
                                 Mr. Dayan Krishnan, Standing
                                 Counsel (Crl.) for Govt of NCT of
                                 Delhi along with Mr. P. Karunakaran,
                                 DCP, South East Delhi, Mr. Robin
                                 Hibu, Joint C.P. Mr. P.K. Sharma,
                                 Adv. with Mr. Jaideep Tandon, Adv.
                                 for CBI.
                                 Ms. Zubeda Begum, Standing
                                 Counsel (Civil) with Ms.Sana Ansari,
                                 Adv. for Govt. of NCT of Delhi.
                                 Mr. Mehmood Pracha, Standing
                                 Counsel for AIIMS.
                                 Mr. Upamanyu Hazarika, Sr.Adv.
                                 with Mr.Dharitry Phookar, Mr.Paul
                                 Roy Paske, Ms.Liyi Marli Noshi,
                                 Mr.C.P.Nautiyal, Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
                         ORDER

% 12.02.2014

1. This Court has suo moto taken up this issue and is spending

considerable judicial time thereon as the recent incidents, in our view, are

indicative of a disturbing trend, which threatens the integrity of the country,

of intolerance to movement of people within the country when The

Constitution of India, in Article 19(1)(d)&(e) recognises and confers on all

citizens the right to move freely throughout the territory of India and to

reside and settle in any part of the territory of India and Article 301 thereof

provides that trade, commerce and intercourse throughout territory of India

shall be free. No native of any State of India can be allowed to, by

harassing, offending and by other criminal acts, prevent people from another

State to settle and carry on any business or vocation therein. Today, when

the boundaries between countries and restrictions on movement

internationally are disappearing, it is unfortunate that a small cross section

of society is attempting to put up barriers to movement within the country.

The Constitution of India does not provide for, India as a confederation of

States, broken up into fragments by narrow domestic walls but as a Union of

States. There are bound to be cultural differences between people of

different States of India. Such differences are the essence of humanity. The

said differences, rather than becoming a source of hatred or conflict and

separating us, should be respected and harnessed to bring a collective

strength that can benefit the entire country. If this country is to survive and

to be at peace, each of us has to respect the rights of others and cultivate the

ability to live together. Tolerance, is a requirement for survival. Mahatma

Gandhi said "No culture can live if it attempts to be exclusive".

2. Mr. Siddharth Luthra, ASG appearing for Delhi Police has in Court

handed over a report in compliance of the directions contained in the order

of 10th February, 2014.

3. The said report furnishes:

(i) Status of the case, last and next date of hearing, total number of

witnesses, total number of witnesses examined and the reasons for

delay qua the 26 cases mentioned in the impleadment application

allowed on 7th February, 2014;

(ii) average number of post mortems conducted per day by each of

the 13 hospitals in Delhi and the difficulties/constraints faced by each

of the said hospitals; and,

(iii) details of measures taken on ground level to prevent offences

against persons belonging to North-Eastern States.

4. On perusal, we find the trials in the 26 cases of harassment of people

from North-Eastern States in Delhi to be pending for 4-5 years. We are of

the view that in the face of the recent spurt in cases of harassment and

crimes against people from North-East States in Delhi, it is essential to

expedite the trials and decision in the said cases, so that the conviction if any

therein, can act as a deterrent. Mr. Siddharth Luthra, ASG has furnished a

list of the Courts where the said cases are pending. We direct the Courts

where the said cases are pending, to expedite the disposal thereof and of

other cases of like nature. The Registrar General to communicate this

order to the concerned and other Courts. We may notice that though Mr.

Rajeeve Mehra, ASG, in the draft suggestions placed by him before this

Court has suggested constitution of a designated Court to try cases of

offences against the people of North-East Region but we are of the opinion

that a quicker decision in the cases can be achieved by giving direction on

the administrative side to the concerned Courts, rather than designating one

Court only for trial of all such cases.

5. Except Rao Tula Ram Memorial Hospital, none of the other hospitals

have expressed any difficulty in conducting post mortem examination and

have reported that save for cases where report of viscera examination from

the CFSL/FSL Laboratories is required, the post mortem reports are given

within 48 hours, except for unforeseen circumstances. However Mr.

Siddharth Luthra, ASG maintains that the post mortem reports of cases

where viscera examination is not required are received within 5 to 15 days.

The Delhi Police to identify the said discrepancy and to take steps for

ensuring that the reports reach the Investigating Officers immediately

on the same being furnished by the hospitals and to report about the

same; when the hospitals state that they furnish the reports within 48

hours, why it takes 5 to 15 days to reach the Investigating Officers. Rao

Tula Ram Memorial Hospital has given the reasons of, shortage of staff,

availability of only one specialist to conduct the post mortems and to attend

to the Court duties and there being no sanctioned posts of senior residents in

the hospital, for the delay in issuing the post mortem reports. The

concerned governmental agency to immediately take steps for

remedying the said difficulties being faced by the Rao Tula Ram

Memorial hospital and to report on the said aspect on the next date of

hearing.

6. As far as the post mortems entailing viscera examination, reports

whereof take as much as one year, the only solution is of expediting the

setting up of Forensic Laboratories in each of the Districts of Delhi and for

which a decision has already been taken. Ms. Zubeda Begum, counsel for

the Govt. of NCT of Delhi (GNCTD) states that a meeting in this regard has

been scheduled for 17th February, 2014. However, of the three proposed

Forensic Laboratories, land for two has not even been identified as yet and

the land for the third, though identified not been allotted/handed over. The

construction of the Laboratories is likely to take a long time. We are of the

view that the prevailing situation can ill afford to wait for such a long time.

We direct the GNCTD to in the interregnum set up such Laboratories

in hired accommodation or in some other available accommodation of

the Delhi Government and take other measures for enhancing the

capacity of existing Laboratories.

7. We are of the view that the existing CFSL Laboratories should

also be reappraised for inducting modern technology and for enhancing

its capacity. We direct so and further direct all purchases of required

equipment to be completed at the earliest, latest within four months.

8. Mr. Upamanyu Hazarika, senior counsel, after perusing the measures

taken by the Delhi Police to prevent offences against people from North-

Eastern States in Delhi has suggested setting up of a separate helpline for the

said purpose. He states that the calls made by persons from North-Eastern

States in Delhi to the general police helpline at Telephone No.100 are not

well received owing to language differences and not of any assistance.

Though Mr. Siddharth Luthra, ASG has explained to us the mechanism of

the reception of the calls made at telephone No.100 and the action thereon

and has also contended that the existing facility is sufficient to deal with the

situation but on our suggestion and on the instructions of Mr. P.

Karunakaran, DCP, South East Delhi present in the Court states that the

Commissioner, Delhi Police is agreeable to setting up of such a separate

helpline but requires six weeks‟ time for the same. The Delhi Police to

immediately take steps for having the said separate helpline operational

within six weeks of today and to give wide publicity to the same.

9. Mr. Upamanyu Hazarika, senior counsel has further suggested setting

up of a separate cell for dealing with crime against the persons of North-

Eastern States in Delhi on the lines of the Women‟s Cell which according to

him has been successful in curbing the crimes against women.

10. Mr. Siddharth Luthra, ASG informs that steps for setting up of special

police unit into operation have already been initiated and the same will

function in SPUW&C premises, Nanak Pura and mostly the staff of North-

East Region will man this unit.

11. We hope and presume that the Delhi Police will implement the

measures which it has informed it has taken, particularly of patrolling

of localities having residences of people from North-Eastern States and

in view whereof we are not issuing any direction in that regard at this

stage.

12. Mr. Siddharth Luthra, ASG also informs that a recruitment drive for

personnel belonging to North-East Region in Delhi Police will be

undertaken shortly and since the same is likely to take time, a request has

been made to the Home Secretary, Government of India to induct police

personnel belonging to North-Eastern Region on deputation basis in Delhi

Police.

13. Since the last special recruitment drive for recruitment of persons

from North-Eastern Region in Delhi Police was undertaken way back in

the year 2003, we direct that immediate steps should be taken in this

regard by giving vide publicity thereto in the vernacular languages not

only in Guwahati, Assam but in the entire North-Eastern Region. We

are further of the view that posting of sufficient number of persons from

North-Eastern States in each of the 11 Districts of the Delhi Police at the

level of interaction with the public and in investigation will go a long way in

building confidence in the people of North-Eastern States in Delhi, in Delhi

Police and also in familiarizing the remaining personnel of Delhi Police with

the people and culture of the North-Eastern States. We hope that the

Directors General of Police (DGs) of the eight North-Eastern States to

whom also a request in this regard is informed to have been sent, will co-

operate in immediately deputing their personnel to Delhi Police. We direct

accordingly. For the said purpose, the eight North-Eastern States i.e.

Sikkim, Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,

Nagaland and Tripura are impleaded as respondents in this petition.

14. We are further of the view that the GNCTD as well as the Central

Government should give thought to the possibility of bringing a

legislation for preventing the natives of one State from harassing in any

manner the migrants from any other Indian States or from indulging in

hate crimes against them, including by amendment to the Protection of

Civil Rights Act, 1955 and Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989. To quote Marcus T. Cicero, the

Roman philosopher, politician, lawyer, "The safety of the people shall

be the highest law".

15. We have during the hearing enquired from all the appearing counsels

the reason if any for spurt of crimes against the people from North-East

States in Delhi. No explanation has been forthcoming. We are of the view

that an immediate study in this regard is required, to determine whether such

crimes are for the reason of the victims thereof being from North-Eastern

States and the reasons therefor. The Central Government as well as the

GNCTD either in tandem or separately to undertake such studies, as we

are of the view that without identifying the disease, no fool-proof cure

thereof can be found.

16. We have also enquired from the counsels whether any hostel facility

exists for girl students and working women from North-Eastern States in

Delhi. The Joint Secretary, Department of North-Eastern Region present in

Court informs that such a hostel with 390 seats exists at Jasola, Delhi and

200 seats whereof are still lying vacant and that a proposal for construction

of two more hostels, one at Jawahar Lal Nehru University with 520 seats

and another at Delhi University with 450 seats is under active consideration.

17. Mr. Upamanyu Hazarika, senior counsel informs of difficulties faced

by girl students and working women from North-East States in seeking

admission to the hostel at Jasola, Delhi.

18. Mr. Upamanyu Hazarika, senior counsel and the Joint Secretary

assure us that they will hold consultation to alleviate the said

problems/difficulties.

19. Mr. Rajeeve Mehra, ASG to inform the status of the proposal for

construction of the two other hostels.

20. A number of contemporaneous newspapers and magazine articles

have opined that one of the root causes of altercation entailing persons of

North-Eastern Region in Delhi, is the failure of the other residents of Delhi

to recognize them as Indians and addressing them as belonging to another

country and mocking at their differences and which angers such persons of

North-Eastern Region.

21. The Central Government as well as the GNCTD to immediately

take steps through print and electronic media to remove the said

misconception and to build awareness in the other residents of Delhi of

the grievances of the people from North-Eastern Region.

22. We further direct the Delhi Legal Services Authority to:

(a) under its outreach programme or otherwise devise

programmes for making people from North-Eastern States in

Delhi aware of their legal rights and to render the requisite legal

aid to them;

(b) devise and hold workshops to educate other residents of

Delhi, sensitizing them about the grievances of the persons from

North-Eastern States in Delhi; and,