Taking suo moto cognizance of the incident, the bench said it would clear the chargesheet to ensure police investigations are of a "high standard."
"Nobody is safe in Delhi, it is repeatedly seen. People are losing faith in the police and judiciary," a division bench comprising Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw told police commissioner Neeraj Kumar. The bench said the incident could have been avoided had the police been more vigilant.
Zero tolerance
"We are at loss to understand as to how a bus with tinted windows could evade surveillance for 40 minutes, what was the police force doing ... commissioner of police is directed to file a report including the details of police officers who were on patrolling duty in the area. This incident is of great concern for all the citizens of the capital city as it relates to the safety particularly of women and girl children in Delhi," a visibly agitated division bench of the Delhi high court ordered on Wedbnesday.
The judges also recorded their anguish over failure to implement the Supreme Court ban on vehicles with tinted glasses adding, "The police commissioner shall also state steps taken to remove the tinted glasses from vehicles including public transport." Brushing aside claims by the police and the government that all steps are being taken, HC flagged two areas of concern. "The first is the investigation in the case and the second is the preventive measures. We want to know what measures have been taken by the police to prevent such incidents," the bench queried, saying, "We will be issuing necessary directions from time to time in this court. This court will also issue the guidelines after taking note of the contentions of all concerned." The bench asked the police to employ sufficient number of police personnel at all entry points to the national capital to ensure that vehicles with tinted glasses do not sneak in and further asked the Director CFSL to accord primacy to this investigation.
Concerned over the medical condition of the victim, the HC asked the Delhi Government to consider shifting her to a super specialty hospital. "We direct the Delhi Government to shift, if possible, the victim to a super specialty hospital. If it is not possible to shift her, then the experts be asked to visit her."
Earlier, the court said that it has accepted the request of the chief minister to constitute fast-track courts for speedy trial in rape cases. Standing counsel Najmi Waziri then urged HC to also consider setting up of fast track court for gang-rape cases. Justice Endlaw then responded saying just setting up fast track courts isn't the solution, "In any case, the fast track courts will not work if investigation is of poor quality. Rather it will lead to acquittal within three months."
It is "the probe that has to be of high standards, for instance the bus needs to be examined forensically." Justice Murugesan concurred pointing out unless investigations are conducted properly and witnesses produced during trials, even fast-track courts would not serve any purpose.
The CM had Tuesday urged the chief justice of Delhi high court to take "urgent" action in making the fast-track courts functional.
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