The Supreme Court on Tuesday took exception to Allahabad High Court judge Sanjay Singh’s controversial observation that a rape victim had “invited
trouble” by going to the accused’s house after consuming liquor and was competent enough to understand the consequence of her action as she was educated.
“Now there is another order by another judge…. Yes, bail can be granted, but what kind of discussion is this that she (victim) has invited trouble?” Justice B.R. Gavai, heading a bench, orally observed during a hearing.
The bench, which included Justice Agustine George Masih, added: “One has to be careful when saying such things, especially when you are on this side (judge).”
The bench made the oral observation while dealing with another controversial issue relating to an order passed by another judge of Allahabad High Court wherein it was held that grabbing a child victim’s breasts, untying the string of her pyjama and attempting to drag her beneath a culvert did not constitute the offence of rape or attempt to rape.
When the matter came up for hearing on Tuesday, the bench expressed its anger at the observations made by Justice Sanjay Singh on April 11 while granting bail to an accused in a rape case.
Justice Singh had invited the ire of the civil society after he observed that the victim, a postgraduate, was drunk and had voluntarily accompanied the accused to his home and hence had invited trouble. While expressing its indignation over Justice Singh’s remark, the court, however, refrained from staying the order.
The bench adjourned by four weeks the matter related to the other Allahabad High Court judge, Justice Ram Manohar Narayan Mishra.
On March 26, while staying Justice Mishra’s order, the bench had termed as “total insensitiveness” the judge’s approach to the issue. Justice Mishra had said only
the charge of disrobing was made out, not rape or attempt to rape.
The bench had earlier stayed the order while taking suo motu cognisance based on a letter addressed to Chief Justice Sanjiv Khanna by an NGO, We the Women of India.
The bench also issued notices to the two accused and the state of Uttar Pradesh and asked attorney-general R. Venkataramani and solicitor-general Tushar Mehta to assist the court.
“It is a serious matter. Total insensitiveness on the part of the judge. This was at the stage of issuing summons! We are sorry to use such harsh words against the judge,” Justice Gavai, heading the bench, orally observed at the commencement of the hearing.