Supreme Court - Daily Orders
Alakh Alok Srivastava vs Union Of India on 1 February, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
WP(C) 76/2018
1
ITEM NO.2 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition Civil) No.76/2018
ALAKH ALOK SRIVASTAVA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 01-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Mr. Alakh Alok Srivastava, Petitioner-in-person
Ms. Harpreet Kaur, Adv.
Mr. Kedar Nath Tripathy, AOR
For Respondent(s) Mr. P.S. Narasimha, ASG
Ms. Pinky Anand, ASG
Mr. R. Balasubramanian, Adv.
Ms. Swarupama Chaturvedi, Adv.
Ms. Aarti Sharma, Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Saudamini Sharma, Adv.
Ms. Snidha Mehra, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In pursuance of our order passed on 31st January, 2018, a team of doctors from AIIMS had visited the Kalawati Signature Not Verified Saran Children’s Hospital. They have filed a report, which Digitally signed by CHETAN KUMAR Date: 2018.02.02 13:22:28 IST Reason: is as follows:-
“In compliance to Supreme Court order WP(C) 76/2018 dt 31 January 2018 team from AIIMS, New Delhi consisting of Dr. Ashok K. Deorari, Head WP(C) 76/2018 2 Department of Pediatrics; Dr. Devendra Kumar Yadav, Assistant Professor of Pediatrics Surgery & Dr. Rajesh Kumari, Assistant Professor of Gynecology visited Kalawati Saran Children Hospital at 5.30 p.m. Shri Sanjeev Jain, Member Secretary & Sh. Naveen Gupta, Delhi State Legal Services Authority along with Ms. Ruchika Singla, Secretary North-West District Legal Services Authority were also present.
Team was briefed by Prof Archana Puri & Dr. Vikram Khurana, the treating surgeons. Infant underwent successful surgery on Monday dt 29 January, 2018, perineal injury was repaired and diverting colostomy was done. At present the infant is on oral feeds and colostomy and perineal wound look healthy with foley’s catheter in situ.
Examination revealed 8 month old female infant alert and active, sharing bed with another girl child. She was breast feeding with normal vital signs (HR 120/min, Respiratory rate 32/min, no distress, saturation 98% on room air, temperature 36.8 C). Her weight was 5.6 kilogram and physical appearance looks normal. Systemic examination did not reveal any abnormality. The operated perineal would was looking normal and the colostomy was healthy.
Overall the child looks stable and recouping following surgery. The surgical would will need regular aseptic dressings and further management will be done as per need. In view of providing holistic care, the team felt that the child may be shifted to AIIMS under care of Pediatrics Surgery, Pediatrics & Obstetrics Department with support from Psychiatry (for parenteral counseling). Team talked to family (Father & Mother) took consent for transfer of child under care by AIIMS team which they agreed but were worried and concerned about child’s health. Father was counseled and given assurance for providing best care. Being less than one year age all medical expenses will be exempted at AIIMS under Janani Shishu Suraksa Yojana of Government of India.
WP(C) 76/2018 3 The child was shifted under supervision by an ambulance of Kalawati Saran Children Hospital along with Resident Doctor with AIIMS Pediatrics Surgeon. Child got admitted in Pediatrics Surgery ward in isolation room at 7.30 PM on 31st January 2018 for further management.” The Member Secretary, Delhi State Legal Services Authority, has also filed the status report. The relevant part of the report is as follows:-
“That, in compliance to the aforesaid directions, a visit was made to Kalawati Saran Children’s Hospital, New Delhi on 31.01.2018 by team of Doctors from All India Institute of Medical Science headed by Dr. A.K. Deorari besides undersigned, Additional Secretary, DSLSA and Secretary, North West DLSA.
That, after medical checkup of the child and discussions with the Doctors of Kalawati Saran Hospital, it was decided by the team of the Doctors to shift the child to AIIMS for better facilities and treatment and accordingly the child was shifted to AIIMS in the evening time of 31.01.2018 through an Ambulance.
That, the detailed Medical Report of the child would be filed before the Hon’ble Court by the AIIMS.
That, in the instant case as per report received from DLSA concerned it has stated that vide order dated 30.01.2018 by the Court of Ld. Additional Sessions Judge, Rohini Court an interim compensation of Rs.75,000/- has been awarded in accordance with Delhi Victim Compensation Scheme, 2015. After completion of necessary formalities i.e. bank account etc. the amount of the said interim compensation would be disbursed immediately through RTGS.
That, it is submitted that DLSA Secretary, North-West has also visited at Kalawati Saran Hospital and met the parents of the child in the morning of 31.01.2018 and apprised them of WP(C) 76/2018 4 their legal rights qua Delhi Witness Protection Scheme, 2015, Delhi Victim Compensation Scheme, 2015 etc. It is also submitted Legal Services Advocate of DLSA has been appointed for providing legal aid in the matter.” It is next submitted by the petitioner appearing in-
person that there should be speedy disposal of the cases registered under the Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘the POCSO Act’).
The petitioner in-person shall file a chart containing data with regard to the cases pending at various places so that this Court can take a holistic view of the matter. The petitioner shall also indicate in the chart the reasons for delayed disposal of the proceedings initiated under the POCSO Act.
Mr. P.S. Narasimha and Ms. Pinky Anand, learned Additional Solicitors General shall also apprise this Court as to what should be the appropriate time limit for the disposal of the cases under the POCSO Act regard being had to the various degrees of offences provided under the Act and the gravity of the offences, for the victim is a child.
Let the matter be listed on 12th March, 2018.
(Chetan Kumar) (H.S. Parasher)
Court Master Assistant Registrar