The Supreme Court on Tuesday expressed displeasure over an Allahabad high court order that stated the rape victim “herself invited trouble”. The Justice BR Gavai-led bench found the observations highly insensitive.
In a controversial order, the Allahabad high court has granted bail to a rape accused, observing that the complainant "herself invited trouble" by agreeing to go to the applicant's house after getting drunk, the news coming days after the Supreme Court intervened to stay an "insensitive" order passed by another high court justice in a rape attempt case.
The woman is a student of MA and hence she "was competent enough to understand the morality and significance of her act", stated the order passed by Justice Sanjay Kumar Singh last month.
“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 (judges). One thing here and there,” Bar and Bench quoted Justice BR Gavai as saing.
"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 solicitor general Tushar Mehta.
{{/usCountry}}"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 solicitor general Tushar Mehta.
{{/usCountry}}Justice Gavai listed the case after four weeks. "Let the case be listed after 4 weeks. Let service on respondents be completed," the bench directed.
Last week, a plea filed by civil society network Just Rights for Children Alliance and the survivor's mother challenging the high court's order came up for hearing before a bench of Justices BR Gavai and Augustine George Masih.
Senior advocate HS Phoolka, appearing for the petitioners, sought the plea to be tagged with the suo motu proceedings, which was scheduled to come up on April 15.
"The high court has mentioned the name of the victim's mother, who is the complainant, and there are number of orders of this court that the name should be redacted," Phoolka said.
On March 26, the apex court stayed the high court's another order, which said grabbing breasts and pulling the drawstring of a woman's "pyjama" or lowers did not amount to the offence of attempt to rape, and said it reflected total "insensitivity" and “inhuman approach”.
The top court had taken a suo motu cognisance of the matter after it was brought to the notice of Chief Justice of India Sanjiv Khanna.
On March 26, the top court took a strong exception to the high court's observations and called it a "very serious matter".
"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," it had said.
The top court added, "Until further orders, there shall be stay to the observations made by the judge in paragraphs 21, 24 and 26 of the order dated March 17, 2025."
The apex court had also issued notices to the Centre, Uttar Pradesh government and the parties before the high court in the matter seeking their responses in the suo motu proceeding.
The stay of the high court's observations meant the same cannot be used in any judicial proceeding for seeking reliefs by the present set of accused or others.
The high court's order held that the attempt to rape offence was not made out against the accused and they were liable to be summoned for the lesser offence of assault or use of criminal force to woman with intent to disrobe her.