SC seeks AG’s help on plea in opposition to MP HC bail situation of sufferer tying Rakhi to molester

By: PTI | New Delhi |

October 16, 2020 1:27:16 pm

Supreme court, New DelhiThe excessive court docket, in its July 30 order, had granted bail to the accused and imposed a situation that he alongside along with his spouse shall go to the home of the complainant and request her to tie ‘Rakhi’ to him with the promise to guard her to the most effective of his means for all instances to return.

The Supreme Court Friday sought Attorney General’s help on a plea for keep on the Madhya Pradesh High Court order which granted bail to an accused in a molestation case on the situation that he would request the alleged sufferer to tie him ‘Rakhi’.

A bench headed by Justice A M Khanwilkar issued discover to the workplace of Attorney General Ok Ok Venugopal on an attraction filed by 9 girls legal professionals who’ve mentioned that courts throughout the nation must be restrained from imposing such situations as these are “in opposition to the precept of legislation”.

The excessive court docket, in its July 30 order, had granted bail to the accused and imposed a situation that he alongside along with his spouse shall go to the home of the complainant and request her to tie ‘Rakhi’ to him with the promise to guard her to the most effective of his means for all instances to return.

Senior advocate Sanjay Parikh, showing for the petitioners together with lawyer Aparna Bhat, informed the bench that the attraction has been filed in a “extraordinary circumstance”.

“The trauma of the sufferer is trivialised by such situations”, Parikh informed the bench, additionally comprising Justice B R Gavai.

“These type of situations are imposed that are in opposition to the precept of legislation. Repeatedly such observations are being made”, he mentioned. “Are you making the submission just for Madhya Pradesh or for the whole nation”, the bench requested.

To this, Parikh mentioned he’s making submission with regard to complete nation and the petitioners have made prayers to restrain courts, together with excessive courts and trial courts, from making such observations.

The bench, which mentioned it’s issuing discover to the workplace of the highest legislation officer of the nation, posted the matter for listening to on November 2.

In their attraction, the petitioners have sought keep of the bail situation imposed on the accused by the excessive court docket.

The plea mentioned that substantial questions of legislation, together with whether or not in a case looking for bail it’s acceptable for a court docket to impose extraneous situations which permits contact between the accused and the complainant, is concerned within the matter.

“Whether the bail situation which is impugned herein stands to additional victimize the complainant and trivialize the trauma that she has suffered”, the plea mentioned, including, “Whether the above talked about bail situation is consistent with the ideas that govern trials inside the legal justice system?”.

It mentioned one other query of legislation which arises for consideration of the apex court docket within the matter is whether or not the High Court must have employed circumspection and sensitivity whereas coping with a case involving a sexual offence having been dedicated in opposition to a lady.

“The excessive court docket erred in imposing a situation that defeated the very function of granting bail by directing the alleged perpetrator to ascertain contact with the sufferer”, the plea mentioned.

It alleged that imposing such a situation leads to “additional victimization of the survivor” in her personal home.

“In the context of Rakshabandhan being a competition of guardianship between brothers and sisters, the mentioned bail situation quantities to gross trivialization of the trauma suffered by the complainant within the current case”, it mentioned, including that the alleged incident is alleged to have been dedicated by the accused by forcibly getting into the complainant’s home.

“While it’s routine for courts to award sure compensation to survivors of sexual offences to be paid by the accused, it’s extremely objectionable for the excessive court docket within the current case to place the complainant able the place she is pressured to simply accept the sum of Rs 11,000 as a part of the customary ritual of Rakhshabandhan.

“Moreover, the mentioned bail situation additionally goes a step additional by stating that respondent No 2 (accused) tender Rs 5,000 to the son the complainant”, it mentioned.

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