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Form lawyers’ panel at all police stations, Gujarat HC tells DGP

The Gujarat high court has ordered the director general of polic... Read More
AHMEDABAD: The

Gujarat

high court has ordered the director general of police (

DGP

) to ensure that all police stations across the state have a panel of advocates to aid survivors of sexual offences. The high court gave the order after noticing that the Supreme Court’s directions issued 27 years ago have been disregarded.

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The HC said that its intervention seems necessary to ensure rape survivors get legal representation from the beginning of criminal proceedings.

The HC, on February 17, was hearing a habeas corpus petition filed by the family of a minor girl who had been abducted and sexually exploited. When the girl was rescued, she was found pregnant. After the nod from the survivor and her family, the HC ordered the termination of her pregnancy. When the court inquired about the legal assistance given to the survivor, the investigating officer was found ignorant about any such measure.

The bench of Justice

Sonia Gokani

and Justice

Aniruddha Mayee

asked the police official about the 1995 order of the Supreme Court, in which every police station was directed to create a panel of lawyers to assist the survivors of sexual offences.

This arrangement was envisaged to secure continuity of assistance by ensuring that the same person who looked after the survivor’s interests at a police station represents her till the end of the case.

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As the police official was unaware of the SC’s directions, the high court said that the apex court’s directions are “often observed in the breach”.

The court said: “There is no list of empaneled advocates noticed in the police stations.”

The court added: “Therefore, it is also necessary for us to show the indulgence by drawing the attention of the Director General of Police for the purpose of issuance of necessary circular/direction/notification for every police station of the state to maintain, for effective implementation of the directions issued in the year 1995, without further loss of time.”

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The HC has told the DGP to file an affidavit in six weeks showing how the apex court’s directions have been complied with.


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