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HC orders personal appearance of SSP Jammu, Director SWD
Sexual Exploitation of Mentally Challenged Girls
9/24/2013 10:18:33 PM
early times report
Jammu, Sept 24 (JNF): The High Court today sought personal appearance of SSP Jammu and Director SWD in the infamous sexual exploitation nof mentally retarded girls.
In a letter written by differently abled person (visually handicapped) practicing Advocate Suraj Singh seeking monitoring of investigation of FIR NO 183/2013 of P/S Trikuta Nagar (infamous sexual exploitation of mentally challenged girls at Rotary Inner Wheels Home at Channi Rama Jammu), a Division Bench of the State High Court comprising First Puisne Judge Justice Virender Singh and Justice Ali Mohammad Magrey after hearing petitioner in person and Advocate Sheikh Shakeel Ahmed for the PIL and Senior Additional Advocate General Gagan Basotra appearing for the state, expressed its deep concern over the unfortunate incident of abuse of the mentally challenged girls as projected in the letter written by Adv Suraj Singh.
At the very outset, the Division Bench allowed CMA NO 785/2013 filed by the petitioner whereby he had placed on record additional documents as per the directions of the court dated September 9, 2013.
After considering the submissions from both the sides, in the open Court Division Bench looking into the seriousness of the matter arrayed Chief Secretary J&K State, Commissioner/Secretary to Govt of J&K Social Welfare Department, Inspector General Police Jammu Zone, Deputy Commissioner Jammu, Director Social Welfare Jammu, SSP Jammu and President Rotary Inner Wheels as party respondents in the letter turned Public Interest Litigation.
In the Open Court, Division Bench issued notices to the aforesaid respondents and Sr. AAG Gagan Basotra accepted notices for State respondents and registry was directed to serve the notice upon the President Rotary Inner Wheels returnable within 2 weeks.
The court also directed the SSP Jammu to file complete status report of the investigation so far carried out and also the future course of action adopted for the investigation. The Division Bench also directed the personal appearance of Director Social Welfare Jammu and SSP Jammu on the next date of hearing.
The court also directed the Deputy Commissioner Jammu to file his personal affidavit indicating the action taken against the management of Rotary Inner Wheels Channi Rama Jammu.
After referring to two judgments of the Apex Court titled " Delhi Domestic Working Women's Forum Vs Union of India" wherein Supreme Court heard the petition of innocent tribal girls who had been raped by Army Jawans in a moving train and other judgment titled Chairman Railway Board and Ors vs Chandrima Dass wherein Apex Court granted Rs 10 lacs compensation to a Bangladeshi National who had been subjected to Gang Rape by four employees of western railways at Howrah Railway Station' treated the instant letter written by Adv Suraj Singh as Public Interest Litigation.
During the course of arguments Advocate SS Ahmed drew the attention of the Court to Paras 16 & 17 of the application wherein the petitioner has sought the enlargement of the scope of the petition and has raised vital questions for and authoritative pronouncement on this subject. He further pointed out that the victims of the instant case are still lodged in the same house that is Rotary Inner Wheel Channi Rama Jammu under the same management and they are required to be shifted or the management of the house should be taken over by the Social Welfare Department. For these questions, Division Bench asked Sr. AAG Gagan Basotra to have instructions from the concerned functionaries so that effective directions can be issued on the next date of hearing.
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