Appearing on behalf of the state of Uttar Pradesh, Additional Advocate-General Garima Prashad informed the Court that the "entire security aspect" in this matter had been handed over to the Central Reserve Police Force, referring to the transfer of responsibility affected in line with a 2019 Supreme Court order directing the centre to provide security cover to the families of the Unnao rape survivor and her lawyer. Additional Solicitor-General, speaking on behalf of the Union, however, clarified that the need to "continue security" had not persisted and that there was no threat perception anymore. The Bench comprising Justices Aniruddha Bose and Vikram Nath decided to take up the matter again on Monday, September 19.

In 2019, the Supreme Court had on its own motion taken cognisance of the increasing number of cases of sexual assault on children, with the intention of passing directions to ensure a concerted and coordinated national response against such crimes and prevent any delays in disposing of such matters. The Bench, composed of Chief Justice Gogoi and Justices Deepak Gupta and Aniruddha Bose, noted that despite the enactment of the Protection of Children from Sexual Offences (POCSO) Act in 2012 which established special procedures and courts for the speedy disposal of cases under the Act, an overwhelming number of these cases were stuck in the trial stage. Therefore, since the time it took cognisance of the matter, the apex court has issued a slew of directions and guidelines for prompter delivery of justice to children who had been subjected to sexual violence. It also expanded the scope considerably to include aspects such as compensation to victims under the POCSO Act, and protection of survivors and witnesses of child sexual assault. Senior Advocate V. Giri was appointed as amicus curiae by the apex court and requested to tender assistance in the framing of the guidelines.

In July 2019, in a surprising turn of events, the three-Judge Bench of the Supreme Court tagged the Unnao rape case with this suo motu writ petition on receiving a letter from the survivor. In the letter, she sought the protection of the Chief Justice of India against harassment and intimidation. In the meantime, the Unnao survivor was critically injured in a road accident which killed her two aunts and also gravely injured her lawyer. The Supreme Court promptly ordered a probe into the car accident and transferred the cases from the CBI Court in Lucknow to Delhi. The Bench also ordered interim compensation of Rs 25 lakhs to the rape survivor and her family members and directed that security and protection be provided to them by the centre.

Since August 2019, the families of the rape survivor and her lawyer have been under the protection of the Central Reserve Police Force.

 

Right at the outset, Justice Bose enquired as to the threat perception in the state of Uttar Pradesh. AAG Garima Prashad responded –

"Your Lordship, in this matter, the entire security aspect was handed over to the CRPF. We will seek time, and the application may be submitted to us..."

It was pleaded on behalf of the Union of India, however, that there was no threat perception anymore. The counsel informed the Court that a report had been submitted to the Ministry of Home Affairs, and the Ministry would take a call on it. Justice Bose reminded –

"This matter has a very badly chequered history. You have to be extra cautious."

Another counsel brought to the Court's attention that the wife and brother of the Unnao rape survivor's lawyer had filed an application seeking clarification with respect to the directions issued since the CRPF officers were only stationed at their house. Justice Bose explained –

"We want to give maximum protection, but we'll have to see how the system can provide it. We have to take assistance from the Ministry."

It was alleged by another counsel that a person under the protection of the CRPF was misusing his position, by engaging in illegal activities and fighting panchayat elections in Unnao. Justice Bose clarified –

"Right now we will concentrate on the report by the Ministry of Home Affairs on security to the lawyers. We cannot micromanage…"

On behalf of the Union, ASG Aishwarya Bhati submitted –

"Permit me to place the status report on record. There are some changes we want to make. We do not want to continue security for all...This was in 2018, now in 2022, what is the threat perception?"

Justice Bose also refused to accept applications seeking directions to permit judicial officers to be appointed as judges in Fast Track Courts. Justice Bose set the record straight –

"Enough of this perpetual mandamus. There is no dearth of cases. There are courts hearing similar matters. We will only deal with horrific incidents and immediate offshoots of that. Posting of judges, the appointment of public prosecutors, all this we cannot deal with.

The bench decided to take up the matter for hearing again on Monday, September 19, 2022.