NEW DELHI: Strongly criticising the controversial order passed by Allahabad high court that grabbing the breasts of a minor girl and snapping the string of her pyjama were not adequate to charge an accused with the offence of rape or attempt to rape, Supreme Court Wednesday said the verdict showed “total” insensitivity, and stayed its operation.
“In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations,” a bench of Justices B R Gavai and A G Masih said of the order passed on March 17.
HC order wasn’t given at spur of moment, says SC, criticises judge
New Delhi: Staying the controversial Allahabad high court order that grabbing the breasts of a minor girl and snapping her pyjama string were not enough to charge an accused with rape or attempt to rape, Supreme Court on Wednesday said the judgment was not written in a hurry and showed “application of mind” by the judge.
“We have perused the said judgment and order… We are at pains to say that some of the observations made in the impugned order, and particularly in paragraphs 21, 24 and 26, depict a total lack of sensitivity on the part of the author of the judgment,” the Supreme Court bench said. “A perusal of the judgment will reveal that it is also not as if the judgment is dictated at the spur of the moment in the court. The case was reserved on Nov 13 and after almost a period of more than four months, the judge has pronounced the judgment. It is thus clear that the judge has authored the judgment after due application of mind.”
“Issue notice to the Union of India, state of Uttar Pradesh and the parties before the high court. Until further orders, there shall be stay to the observations made by the judge in the paragraphs,” the bench of Justices B R Gavai and AG Masih said.
The controversial order was passed by a bench of Justice Ram Manohar Narayan Mishra on March 17. He had passed the order while modifying a summoning order by altering the charges against two accused. Initially, the accused were summoned to face trial under Section 376 (rape) and under the Pocso Act. However, the HC directed that the accused be tried under Section 354(B) (assault or use of criminal force with intent to disrobe), read with Pocso Act (aggravated sexual assault).
At the outset of the hearing, solicitor general Tushar Mehta said the order is highly objectionable and suggested that the issue be brought to the notice of the Allahabad HC chief justice who is the master of roster, hinting that such matters should not be placed before the judge in question. He appreciated the court’s decision to take suo motu cognisance of the case. CJI Sanjiv Khanna took suo motu cognisance after senior advocate Shobha Gupta requested his intervention.
