Order
1. The matter pertains to the rape of a tribal woman in the police custody, allegedly in the presence of her husband. A Commission was appointed by this Court to find out the true state of affairs. The Commission has submitted its report holding that the incident of custodial rape is true. It has pointed out the officers who have committed the crime and also those who had been guilty of inaction and/or dereliction of duty in the matter. On the basis of the report of the Commission, we are told, that departmental enquiries have been commenced against various officers. Some of them have concluded but most of them are still pending. On more than one occasion earlier, this Court directed the State of Gujarat and other concerned officers to conclude the said enquiries expeditiously. When the matter last came up for hearing before this Court on August 5, 1992 this Court observed: “We would like to impress upon the State Government that this is a serious matter which requires prompt attention.” The Government was accordingly directed to conclude the enquiries expeditiously. The matter was directed to be posted after five weeks. Unfortunately, the matter does not appear to have been so posted. It has come up before us only after a period of eight months after the said order was passed. The Government of Gujarat has since filed an affidavit, explaining the stage of enquiry against various officers and the reasons for the pendency of the enquiry. While we do not propose to deal with the reasons assigned for delay in finalisation in respect of each of the enquiries, we must say that we are not satisfied with the reasons assigned. The enquiries have been pending over the last several years. The petitioner alleges that the delay is deliberate. We would like to think the petitioner is not right but, it must be said, the undue delay in concluding the enquiries is giving room for such belief and comment. Be that as it may, we make the following directions:
1. All the enquiries pending as on today shall be concluded within three months — subject, of course, to any order of stay granted by a competent court on or before this date. We direct that the said enquiries shall proceed unhindered hereafter and shall not be stayed by any Court or Tribunal hereinafter. Even if any criminal proceedings are pending, the enquiries need not be held up and shall be proceeded with promptly. If in any case, there is a stay of departmental enquiry from any Court or Tribunal, the Government shall take steps forthwith for having it vacated. It is directed that all the enquiries should be concluded within a period of three months and an affidavit should be filed indicating the result of such enquiries. Any delay or violation of this order, it is made clear, shall be viewed seriously and the persons responsible therefor shall be answerable.
2. A sum of Rs 50,000 (Rupees fifty thousand only) shall be paid as interim compensation, by the State of Gujarat, to the victim of the rape Smt Guntaben, wife of Hanna Ramji. The said amount shall be deposited in the State Bank of India at Rajpipla, District Bharuch within a period of six weeks from today. Soon after making the deposit in the Bank the Government through Mamlatdar, Rajpipla, District Bharuch, shall intimate the said lady of the deposit and further that she is free to withdraw the amount as soon as she likes. The lady shall be free to utilise the said amount in such manner as she deem fit. The Mamlatdar shall make all efforts immediately to intimate her of this order through an officer of the Rajpipla Social Service Society.
2. The petition shall be listed on July 16, 1993, for further orders.