New Delhi: The Supreme Court on Tuesday said judges should not make inappropriate observations in cases involving sexual violence against women, while hearing a suo motu case on the order passed by the Allahabad High Court on March 17.
The apex court also pointed out the remarks by another judge of the same High Court, who, while granting bail to a rape accused, had remarked that the survivor “herself invited trouble and was responsible for the same”.
The matter came up before a bench comprising Justices BR Gavai and Augustine George Masih. In remarks that triggered a major outrage across the country, the Allahabad High Court had held that acts of grabbing a child victim's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempt to rape.
On Tuesday, during the hearing, the Supreme Court bench said that while granting bail is the discretion of the judge depending on the facts of each case, such unwarranted observations against the complainant should be avoided.
"What is happening in this High Court? Now this is another judge from the same High Court saying such things… Yes, bail can be granted. But what is this discussion that 'she herself invited trouble etc'…..One has to be careful when saying such things, especially on this side," Justice Gavai remarked.
Solicitor General Tushar Mehta said complete justice should not only be done but also seen to be done. “How a common person perceives such orders will also have to be seen," said Mehta.
The bench referred to comment made by a single judge of the high court in March this year, while granting bail to an accused who was arrested in December 2024 for alleged rape of a woman, he had met at a bar in Hauz Khas, Delhi. The apex court decided to hear the matter after four weeks to look into all the aspects.
On March 26, the apex court had put on hold the controversial order of the Allahabad High Court in the matter. The apex court berated the judge for authoring a "completely insensitive" verdict.
"We are pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same…..”, said the bench.
The bench added, “Thus, there was application of mind. We are usually hesitant to grant stay at this stage. But observations in para 21,24 and 26 is unknown to the cannons of law and show an inhuman approach. We stay the observations in said para…”.
The apex court had registered the suo motu case as In Re: Order Dated March 17, 2025, passed by the High Court of Judicature at Allahabad and Ancillary Issues. The observations by the high court had caused a huge outrage across the country. The bench had said the suo motu case was initiated after the judgment was brought to the notice of court by an organisation 'We the Women of India'.
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