How Can You Undermine Authority Or Wisdom Of DLSA? Delhi HC To NGO Alleging Being Denied Meeting Shahdara Gangrape Case Victim

The Delhi High Court on Monday told an NGO United Sikhs, who alleged that it was denied meeting the victim and family of the recent Shahdara gangrape case, as to how it could underline the authority or wisdom of the Delhi State Legal Services Authority (DSLA) who had already engaged a legal aid counsel to the victim.  

Justice Rajnish Bhatnagar, who was dealing with a petition filed by the NGO, sought response of the Delhi Police while posting the matter for further hearing on April 19.

The case pertained to a recent incident wherein a woman was allegedly gangraped in city's Shahdara area and was later paraded in the streets.

The counsel representing the NGO, which claimed that it has been involved in various humanitarian works and providing legal guidance and legal aid to underprivileged sections including minor communities, submitted before the Court that one of it's directors and a lawyer was denied meeting the victim and her family by the Delhi Police earlier this month.

"They went to the rental place of victim. They wanted to meet the family and victim but the police did not let them see the victim's family and did not disclose the whereabouts of the victim and her husband as well as the child," the counsel submitted.

He added "The right of a victim is recognized to engage an advocate of her own choice. Now in this case, what we are seeking is that we should be allowed as a NGO to meet the victim and her family, to see that they get justice and they are duly represented by a lawyer."

Responding to the aforesaid, the counsel representing the Delhi Police submitted that the State was taking proper care of the victim and that she was also being properly counselled.

"This is a very communally sensitive case and therefore protection was provided to the victim as well as well as to maintain the law and order situation in the area. The victim is well represented by an amicus curiae who is also presented through virtual conferencing today, appointed by the Court and legal aid. Counselling has been done," the Delhi Police said.

It added "Process of the Court cannot be used by an NGO to impose itself on a victim. If the victim wants to engage, she can engage but we cannot allow somebody para drop through the process of court that we want to represent the victim, particularly when the case is very communally sensitive. It can lead to larger ramifications."

To this, the NGO submitted that while the State may represent the victim, but the victim should know about her right to choose the lawyer.

Responding to the submission, Justice Bhatnagar orally remarked thus:

"Has any letter been written by the victim to you that I want you to represent me?"

"The State has done enough for these kind of victims. We have enough vulnerable witnesses rooms, counselling is there. If she says, no, I want to be represented then it's fine. Can you go to her and say no, we will represent you?"

The counsel appearing for the NGO therefore submitted that while it was not the submission that only the petitioner NGO had the right to represent the victim, the only purpose was for the victim to be made aware of her rights and her right to choose the lawyer.

"That is why I'm saying. State is vey very sensitive to these issues. You cannot say nothing has been done," Justice Bhatnagar said while questioning the locus of the NGO in approaching the Court.

"Mr. Counsel, you are undermining legal aid. You are undermining the system of the Court. How can you do so?," he added.

Furthermore, the Court objected to the submission made by the counsel appearing for the NGO who argued that it will be providing the best of the legal aid to the victim.

The Court said "I fail to understand, how can he undermine the authority of DLSA or the wisdom of the DLSA."

The matter will now be heard on April 19.

Title: UNITED SIKHS v. COMMISSIONER OF POLICE, DELHI POLICE & ORS.