[Spanish Tourist's Rape In Dumka] Jharkhand HC Takes Suo Moto Cognizance, Says It Is Likely To Tarnish India's Image Across Globe

Expressing concern over the handling of the case, the division bench of Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar presiding over the matter noted, “The incidents of crime of any kind against a foreign national may have serious national and international repercussion including impacting the tourism economy of the country. A sex-related crime against a foreign women is likely to bring adverse publicity against the country and thereby tarnishing the image of India across the globe.”

The Court has directed the Director General Of Police, Government Of Jharkhand to file a response by 7th March 2024.

“As we read from the newspaper reports, “X” is Spanish-speaking person but it is not known whether there is the facility of translator with the help of whom her statement was recorded. Furthermore, in view of the amendments made in the Code of Criminal Procedure and emphasis on scientific investigation in cases of offences relating to rape, there is urgent need to seek a report from the Superintendent of Police at Dumka as to the progress of investigation so far conducted in the matter,” the bench added.

The copies of the news reports regarding the incident published in Kalimpong News, Aurangabad Samachar, Dainik Bhaskar and some news portals, were tendered by Ritu Kumar, a practising advocate of this Court (who is also the President of the Advocate's Association).

The Court noted that a First Information Report (FIR) has been lodged against seven accused persons in connection with the gang rape, with some arrests already made by the police. Additionally, the Court noted that the Jharkhand Legal Services Authority has already taken steps to provide legal and other help to the victim of the crime.

The Court's attention was also drawn to the suo motu petition vide WP(C) No. 3283 of 2023 in which the High Court had recorded widespread incidents of crime against women and a response thereon from the Police Department is awaited.

The Court stated, “Therefore, this Court takes suo motu cognizance of the aforementioned incident of gang rape and directs the Registry to institute a suo motu writ petition in which the following persons shall be arrayed as party-respondents:

(i) Chief Secretary, Government of Jharkhand, at Project Building, PO and PS Dhurwa, District-Ranchi
(ii) Home Secretary, Government of Jharkhand, at Project Building, PO and PS Dhurwa, District-Ranchi

(iii) Director General of Police, Government of Jharkhand, at Project Building, PO and PS Dhurwa, District-Ranchi
(iv) Superintendent of Police, Dumka”

The matter has now been posted on 07th March 2024 for further hearing.