'Shame On System' : Supreme Court On 16 Year Delay In Acid Attack Case; Seeks Data From High Courts On Pending Trials
The Supreme Court on Thursday sought data from all High Courts regarding the pending trials in acid attack cases.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the Registrar Generals of all High Courts to submit the data regarding pending acid attack cases. The bench was hearing a plea concerning the condition of acid attack survivors.
The petitioner, an acid attack survivor who personally appeared before the Bench, said that she was attacked in 2009, yet the trial has still not concluded. “Mere saath 2009 mein attack hua tha, abhi tak trial chal raha hai,” she said in Hindi. She added that till 2013 nothing happened in the case and the trial, which is now taking place in Rohini in Delhi, is now in the final hearing stage.
The bench expressed surprise at this long delay of over 16 years. "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 is a shame on the system!" CJI Surya Kant said. The petitioner said that she had lost all hope in the system until a judge named Dr. Parminder Kaur resumed the matter. She added that, along with fighting her case, she is also working for the relief of other acid attack survivors.
Expressing that the trial in the case must be held on a day-to-day basis, CJI asked the petitioner to file an application to expedite the trial.
She also drew attention to cases where acid is forced to be consumed, instead of being thrown on the victim. Such victims, she said, face severe long-term disability, with many unable to walk and dependent on artificial food pipes for survival. The present petition is a PIL filed in relation to such survivors.
Solicitor General Tushar Mehta responded that such cases should be treated as disability as per the Rights of Persons with Disabilities Act, 2016.
The CJI suggested to the SG to consider proposing amendments to the Act to expressly cover acid attack survivors. SG Mehta responded positively to the suggestion.
The CJI further remarked that these offences ought to be tried in Special Courts, given the gravity and the impact on survivors. “This is a mockery of the system... there should be no sympathy for such persons (accused),” the CJI said. The SG agreed, stating that the accused should be met with “the same ruthlessness”.
The bench then proceeded to dictate the order as follows.
"Issue notice. Learned Solicitor General who was present in the Court has graciously accepted notice. He has also expressed concern about the causes raised in the instant petition. We also direct the Registrar Generals of all High Courts to furnish the details of pending trials in the cases of acid attack victims in their respective jurisdiction"
The Solicitor General informed the Court that the incident pertaining to the survivor present in court occurred in Haryana, and suggested impleadment of the State. The Bench clarified that the matter had been transferred to Delhi (Rohini) and asked the survivor to file an application seeking expeditious completion of her trial as well.
The CJI assured: “File an application in the PIL. We will direct that the trial be held every day.”
Case : SHAHEEN MALIK Vs UNION OF INDIA | W.P.(C) No. 1112/2025
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