Protests unabated, HC takes cognisance

New Delhi, Dec 19 :
Faced with widespread outrage over the brutal rape and assault of a young paramedical student, Government today announced a slew of measures to instill confidence among people even as a fifth person was detained in Bihar while another accused said “hang me”.
Taking suo motu cognisance of the gang-rape of the 23-year-old girl in a moving bus here on Sunday night, the Delhi High Court pulled up the city police asking how the offence remained undetected.
Meanwhile, the girl, admitted to the Safdurjung Hospital, continued to remain in a critical condition.
As indignation mounted, Prime Minister Dr Manmohan Singh today described the incident as “very upsetting”. He directed Home Minister Sushilkumar Shinde to ensure that culprits are brought to book and such incidents are not repeated.
“It’s a heinous crime…It is very upsetting,” he said.
In Parliament, Shinde said that there will be an immediate crackdown on buses having tinted glass and heavy curtains. They shall be impounded immediately, if they do not remove them.
All buses will be asked to keep their lights on while plying at night in Delhi and these must be parked with their owners and not their drivers, Shinde told Rajya Sabha.
Police detained Akshay Thakur, one of the six accused, from Aurangabad in Bihar and he is being brought to Delhi.
Three of the four people already arrested in the case were produced before a court which sent two of them—Vinay Sharma, an assistant gym instructor, and Pawan Gupta, a fruit seller—to four-day police custody and Mukesh, the brother of driver Ram Singh who was also arrested, to 14-day judicial custody for undergoing Test Identification Parade.
Vinay and Pawan, however, have refused to undergo TIP.
When the Judge asked whether they would volunteer to undergo TIP and if not why, Vinay said, “I had beaten up the boy but did nothing with the girl” and went on to say “mujhe faansi de do (hang me)”, while Pawan told the court, “I do not want to undergo TIP as I have committed a heinous act”.
On a day the city witnessed a series of demonstrations, including one outside Chief Minister Sheila Dikshit’s residence and Police Headquarters, Delhi High Court said it was “at a loss to understand as to how the bus could evade surveillance for 40 minutes”.
“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,” a bench headed by Chief Justice D Murugesan said and asked the Police Commissioner to file a detailed status report within two days.
“There are two important questions. 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,” it said.
Mukesh, who has agreed for a TIP, will undergo the test tomorrow at Tihar Jail.
Police said it has to recover the ATM cards and mobile phones of the victim and her male friend.
A Special Investigation Team has been set up under DCP Chhaya Sharma to closely monitor the probe.
Earlier in the day, Delhi Police chief Neeraj Kumar met Shinde and it was decided that a drive will be launched to ensure removal of tinted glasses and curtains from all buses. It was also decided that mobile number and licence number of drivers will be displayed on buses.
Demanding stern action against the six accused, scores of protesters associated with All India Students’ Association (AISA), All India Democratic Womens’ Association (AIDWA) and other organisations staged protest in front of the residence of Dikshit and police headquarters.
Police used watercanon to disperse protesters outside Dikshit’s residence. BJP’s Delhi unit also staged protests at Jantar Mantar.
Protesters accused the Government of failing to ensure a safe environment for women in the capital.
“Government is just playing the game of passing the buck and shying away from its responsibility. Delhi CM is saying law and order is under Home Ministry and they are saying its the responsibility of the state. How long such things will go on?” one of the protesters asked.
“Police should arrest the rapists promptly. Police patrolling needs to be increased. Law needs to be changed so that next time nobody can dare to do such heinous crime,” Delhi State Joint Secretary of AIDWA Kavita Sharma said.
Demanding a strong punishment for the culprits, Mayor of East Delhi Municipal Corporation Annapurna Mishra said they should be hanged within a month.
Meanwhile, taking suo motu cognisance of the gangrape incident, the Delhi High Court today decided to monitor its investigation by directing police to carry a “high standard” probe and file the charge sheet only after the court’s perusal.
“Nobody is safe,” the court said noting that such incidents repeatedly happen in the city.
Asking Delhi police how the bus, having tinted glasses, kept plying on busy roads for 40 minutes and the sexual assault remained undetected, a bench headed by Chief Justice D Murugesan directed Police Commissioner Neeraj Kumar to file a status report within two days giving all details.
“The probe must be of high standards and the final report (charge sheet) has to be filed only after the perusal of this court…We would be issuing necessary directions time to time. This court will also issue the guidelines after taking note of the contentions of all concerned,” the bench, also comprising Justice Rajiv Sahai Endlaw, said in its order.
“We are at loss to understand as to how the bus could evade surveillance for 40 minutes… The Commissioner of Police is directed to file a report including the details of police officers who were on patrolling duty in the area.
“The Police Commissioner shall also state the steps taken to remove the tinted glasses from vehicles including public transport,” it said, expressing anguish over non-implementation of the Supreme Court order on complete ban of vehicles with tinted glasses.
The court refused to tag a PIL with its suo motu proceedings saying “we cannot derail the probe” and such pleas would lead to “loss of focus”.
During the hearing, the court said, “Nobody is safe, it’s repeatedly seen in Delhi. It is not one odd incident. Earlier, the Chief Minister has sought approval for setting up for fast track courts. We have immediately approved that. Only this much can be done by the judiciary.”
The bench said, “There are two important questions. The first is the investigation in the case and the second is the preventive measures. We want to know what preventive measures have been taken by the police to prevent such incidents.”
The court made it clear to Najmi Waziri, the counsel for Delhi Government, that it would monitor the probe.
“One thing, I must tell you is that we will monitor the probe,” Justice Murugesan said, adding “We are more concerned about the actions which you (state) are taking as preventive measures.”
“It is the duty of the police to ensure that such incidents do not happen. What was the police force doing while the offenders roamed (the) city streets for 40 minutes?,” the court asked.
The court, which fixed the matter for hearing on December 21, said, “This incident is of great concern for all the citizens of the capital as it relates to the safety particularly of women and girl children in Delhi.”
The bench, in its order, 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.
It also sought to know about present status of the victim inside the Government hospital and asked the Delhi Government to consider shifting her to a super speciality hospital.
“We direct the Delhi Government to shift, if possible, the victim to a super speciality hospital. If it is not possible to shift her, then the experts be asked to visit her,” it said.
Earlier, Pawan Sharma, counsel for city police, apprised the court about the progress made in the probe.
“The blood samples of the accused have been taken. The clothes of the victim and that of the arrested accused have also been seized… The clothes of the accused have stains of semen,” Sharma said. (PTI)

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