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| HC directs Govt to amend CrPC, implement SC guidelines on acid sale | | | Srinagar, Apr 30: The state High Court has directed government to insert a provision like section 357A of central procedure in state's criminal procedure code as well as implement the supreme court of India guidelines on sale of acid within eight weeks. "The State of Jammu and Kashmir shall take steps for making amendment in J&K Code of Criminal Procedure by inserting provision like Section 357A of the Central Code of Criminal Procedure in the State Code of Criminal procedure," said a division bench of Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey while disposing of a Public Interest Litigation filed by Kashmir High Court Bar Association in the aftermath of the acid attack on the young girl here on 11 December last year. The KHCBA had sought directions for the amendment in the criminal procedure code as section 357A of the Cr.PC empowers trial courts to recommend the grant of compensation to victims of criminal offences. It also requires government to frame a 'victim compensation scheme' in consultation with the Government of India and allocate separate funds for it. In another direction, the bench directed the state government to implement the supreme court directions in case titled Laxmi versus Union of India and others, banning over-the-counter sale of acid without following a set of procedures including maintenance of log register by sellers, recording name of the buyer with address and purpose for its use. "The State of Jammu and Kashmir is duty bound in view of the mandate contained in Article 141 of the Constitution of India to implement the directions of the Supreme Court," the division bench said.
In another direction, the court also closed the PIL to the extent of payment of amount on the treatment of the victim of acid attack at Nowsehera in the outskirts of Srinagar on 11 December 2014.
However, it gave liberty the petitioner's to approach the Court in case SKIMS authorities certify that the further treatment would not be available in the Institute.
The direction followed submissions by Additional Advocate General Shahwar Gowhar, that treatment which would now be required by victim can be provided to her at SKIMS Soura Srinagar.
Gowhar's statement followed submissions by the KHCBA that the victim requires third round of treatment at Apollo Hospital, Chennai. Gowhar also submitted before the court a cheque for an amount of Rs 4, 17,157, the payment made by the victim's father to the hospital authorities in Chennai. The bench directed registrar judicial to disburse the amount in favour of the victim's father after proper identification. |
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