SC directs UP govt to airlift Unnao rape survivor for treatment at AIIMS

PTI
Monday, 5 August 2019

"At this stage, counsel appearing for the family members of the victim has put in appearance and states that since the victim has developed Pneumonia, her mother now wants that she be shifted to All India Institute of Medical Sciences (AIIMS) at New Delhi," said a bench of Justices Deepak Gupta and Aniruddha Bose. 

New Delhi: The Supreme Court Monday directed the Uttar Pradesh government to "airlift" during the day the Unnao rape survivor, who suffered critical injuries when her car was hit by a truck last week, from Lucknow for better medical care at AIIMS here if her treating doctors declare her "fit" for the transfer. 

The lawyer of the rape survivor came rushing to the courtroom minutes after the apex court adjourned to August 9 the issue of transferring her and her injured advocate to AIIMS in Delhi and sought a direction for airlifting her. 

"At this stage, counsel appearing for the family members of the victim has put in appearance and states that since the victim has developed Pneumonia, her mother now wants that she be shifted to All India Institute of Medical Sciences (AIIMS) at New Delhi," said a bench of Justices Deepak Gupta and Aniruddha Bose. 

The top court made clear that before transferring the girl to Delhi, the opinion of the doctors at the Lucknow hospital "shall be obtained" to ascertain as to whether she was she was in "a fit condition to be transferred". 

"In case the doctors opine that she is in fit condition to transfer, then she shall be transferred to AIIMS at New Delhi. In view of the request of the mother, we direct the State of Uttar Pradesh to airlift the victim by air-ambulance to Delhi and transfer her to AIIMS today itself, if so permitted," it said in the order. 

The authorities at AIIMS are directed to make necessary arrangements for her proper treatment and care, it said, adding that the responsibilities of the AIIMS "starts from the tarmac of the Airport of Delhi". 

It also said the same facility be accorded to the injured lawyer also if his family members make the same request. 

"In case the family members of the lawyer of the victim make a similar request to the State authorities at Lucknow..., he shall also be airlifted along with the victim, following the same procedure as laid down for the victim," it said. 

The woman, allegedly raped by BJP MLA Kuldeep Singh Sengar in 2017 when she was a minor, is battling for life after a truck rammed into the car she was travelling in with some family members and her lawyer. Two of her aunts died in the accident recently. 

The bench was informed that Mahesh Singh, uncle of the Unnao rape survivor had been transferred to the Tihar jail in Delhi from a jail in Uttar Pradesh in pursuance of its earlier direction to ensure his safety. 

Singh's wife was in the ill fated car and had died in the accident. He participated in her cremation on Wednesday after the Allahabad High Court granted him parole for a day. 

He has been convicted in a 19-year-old case and sentenced to 10-year jail term on a case filed by Sengar's brother, Atul Singh. 

The top court had on Friday put on hold its earlier order transferring the case of the collision from a Lucknow court to Delhi to enable the CBI to complete its investigation. 

The order was passed after the CBI told the apex court stating that due to shifting of the case, the local court was facing technical hurdle in passing orders of remand for the accused who are being arrested in course of the probe. 

Besides the main rape case, the three other matters which were transferred to the national capital are the FIR which was lodged against victim's father under Arms Act, his custodial death and the gang rape of the victim. 

The apex court had directed to hold trial on daily basis and completing it within 45-days along with a direction to all media houses not to disclose the identity of the victim directly, indirectly, or in any manner. 

The top court had also directed that the victim, her mother, other members of the family and their lawyer will be provided security by the CRPF and an officer of the level of commandant will file a compliance report forthwith. 

Sengar, a four-time legislator who represents Bangermau in the Uttar Pradesh Assembly, is the main accused in the rape case and is lodged in jail since April, 2018. 

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