Individual/Organization Seeking To Provide Legal Aid To Victim Can't Be Denied Meeting But They Shouldn't Create Law & Order Situation: Delhi HC

The Delhi High Court has observed that any individual or organization cannot be denied meeting with victim for providing necessary legal aid and assistance, if so required by the victim, to ensure delivery of justice and fair trial.

Justice Anoop Kumar Mendiratta added that the said proposition however comes with a caution that such meetings must not be used inappropriately for creating any "law and order" situation or arousing the emotions of a particular community in an adverse manner, thereby disturbing the public tranquillity or likely to cause breach of peace.

"Free legal service is an unalienable element of reasonable, fair and just procedure both from the perspective of the victim as well as accused, for without it a person suffering from economic or other disability would be deprived of the opportunity for securing justice," the Court said.

The Court was dealing with a petition filed by NGO United Sikhs, alleging that it was denied meeting the victim and family of the Shahdara gangrape case, which pertained to an incident earlier this year wherein a Sikh woman was allegedly gangraped and was later paraded in the streets.

It was thus the petitioner's case that the woman was paraded in local area wearing garland of footwear and beaten by male and female family members of the accused. It was claimed that the woman belonging to a religious minority was victimized, outraging the religious feelings of Sikhs.

The State submitted that there was no reservation for meeting of any individual or organization with the victim in accordance with law and that the woman was already provided with necessary legal aid services.

It was also added that the case was being prosecuted in accordance with law, wherein the chargesheet had already been filed and the next date of hearing has been fixed for July 26 for committal proceedings.

"As such, the victim's right to participate in criminal trial and to know the status of investigation, to take necessary steps and be heard at crucial stage of criminal proceedings has gradually been recognized. Crucial amendments have also been brought into force by the Parliament, by Code of Criminal Procedure (Amendment) Act, 2008 by inserting the definition of victim under Section 2(w)(a) and recognizing various rights of victims at different stages of trial," the Court said.

It added "The courts have also been proactive in balancing and ensuring that the rights of victims are duly addressed from the participatory stage of the investigation till the culmination of proceedings in an appeal or revision. The said rights are another facet of "human rights" implicit in the guarantee of Article 21 of the Constitution of India."

It was observed that when a victim is unable to engage a lawyer or secure legal services on account of indigence or poverty or incommunicado situation, the State under such situation is mandated to provide appropriate legal aid even to the victims, if the circumstances so warrant and ensure justice.

The Court noted that the disbursal of interim compensation of Rs.2.5 lacs to the victim has been ensured and that the concerns expressed on behalf of the petitioner NGO regarding provision of legal aid to victim stood addressed.

However, the Court said it does not appreciate reflection of the crime by the NGO as a targeted crime against a member of minority community.

"Since, at present, there is no restriction or bar in meeting of any individual or organization with the victim for rendering any assistance as per stand of the respondents, the petitioner through representatives is at liberty to meet or interact with victim "P" in accordance with law," the Court said.

Accordingly, the Court directed authorities to ensure facilitation of any such meeting if any intimation is given by the representatives of the petitioner.

"However, it may be observed that any political colour shall not be given to the incident, nor any religious reflection added out of context, to avoid distortion of criminal justice system. It may be reiterated that a meeting generally cannot be denied for providing necessary legal aid and assistance, if so required by the victim, to ensure delivery of justice and fair trial but the caution remains that such meetings are not used inappropriately for creating any "law and order" situation or arousing the emotions of a particular community in an adverse manner, thereby disturbing the public tranquillity or likely to cause breach of peace," the Court said.

The Writ Petition was accordingly disposed of.

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

Citation: 2022 LiveLaw (Del) 701

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