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2019 DIGILAW 1739 (SC)

IN RE : ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS v. Rajesh Kumar

2019-08-05

ANIRUDDHA BOSE, DEEPAK GUPTA

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ORDER : SMWP(Crl.)No.1/2019 1. It is stated that the uncle of the Victim (Mahesh Singh) has been transferred to Tihar Jail. 2. At this stage, learned 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. 3. Before transferring the victim from Lucknow to Delhi, the opinion of the doctors at Lucknow shall be obtained as to whether she is in a fit condition to be transferred to Delhi. In case the doctors opine that she is in fit condition to transfer, then she shall be transferred to AIIMS at New Delhi. 4. 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. The authorities at AIIMS are directed to make necessary arrangements for her proper treatment and care. 5. In case the family members of the lawyer of the victim make a similar request to the State authorities at Lucknow by 3.00 p.m. today, he shall also be airlifted along with the victim, following the same procedure as laid down for the victim. 6. List on 9.8.2019. 7. In furtherance of the earlier order it is clarified that the responsibility of AIIMS starts from the tarmac of the Airport of Delhi. SLP(C)No.34251/2017 & WP(C)No.819/2019 : List along with SMWP(Crl.)No.1/2019.