SC frowns upon HC judge's 'rape survivor invited trouble' remark

NEW DELHI: "Now, there's another order by another judge" was how Supreme Court reacted while expressing its disappointment over the casual remarks made by judges of Allahabad high court in recent months.

The court was referring to remarks made by a judge who, while granting bail to an accused, said the woman herself had invited trouble and was responsible for the alleged rape committed against her.

The apex court has been expressing concern over the loose remarks and observations made by judges and taken suo motu cognisance in two cases. A bench of Justices B R Gavai and A G Masih was hearing suo motu a case which was initiated after the Allahabad HC had passed a controversial order 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.

Though the bench deferred the hearing, it, however, noted the latest controversial remarks made by an HC judge earlier this month. Justice Sanjay Kumar Singh, while granting bail to an accused in a rape case, seemed to blame the complainant for agreeing to go to the accused's house after getting drunk. "One has to be careful when saying such things, especially from this side," the SC bench said.

S olicitor General Tushar Mehta also shared the same concern and said such remarks (controversial remarks made by an HC judge earlier this month) send a very wrong signal about the judiciary. He said a judge must realise how his remarks would be perceived by a common person. “Justice should not only be done but also seen to be done,” Mehta said.

In another case, SC had last year in Dec taken note of a speech by Allahabad HC judge Shekhar Kumar Yadav, in which he had reportedly said the country would function as per the wishes of the bahusankhyak (majority) while using a derogatory term for Muslims and saying that they were harmful for the nation. Amid protests that his remarks were unconstitutional and were aimed against the minority community, the apex court had sought a report from HC.