Supreme Court Heard Plea Against Bail Of Woman Tying Rakhi To Attacker
New Delhi:
The Supreme Court today requested the assistance of the Attorney General to seek the stay of the Madhya Pradesh High Court order granting bail to an accused in an assault case on condition that he asks to the woman to tie him to “ Rakhi ”.
A bench led by Judge AM Khanwilkar notified Attorney General KK Venugopal’s office of an appeal filed by nine female lawyers who said the country’s courts should be prevented from imposing such conditions because they are contrary to the principle of law.
The High Court, in its order of July 30, granted the defendant bail and imposed a condition on him that he would go with his wife to the plaintiff’s house and ask him to bind ‘Rakhi’ to him with the promise. to protect her to the best of her ability for all times to come.
Senior lawyer Sanjay Parikh, appearing for the petitioners, including lawyer Aparna Bhat, told the bench that the appeal was filed under an extraordinary circumstance.
The trauma of the woman is trivialized by such conditions, Mr Parikh said at the bench, also including Judge BR Gavai.
This type of condition is imposed which goes against the principle of law. Such observations are made repeatedly, he said.
Do you bid only for Madhya Pradesh or for the whole country, asked the bench.
To this, Parikh said he was making comments nationwide and the petitioners had prayed to prevent courts, including higher courts and lower courts, from making such comments.
The bench, which said it was sending a notice to the office of the country’s top judicial officer, released the case for hearing on November 2.
In their appeal, the petitioners asked for the suspension of the bail condition imposed on the accused by the High Court.
The plea indicated that substantive legal issues, including whether, in a bail case, it is appropriate for a court to impose extraneous conditions permitting contact between the accused and the complainant, are involved in the case.
Does the bail condition being challenged in this case risk further victimizing the Complainant and trivializing the trauma she suffered, the plea says, adding: The bail condition abovementioned consistent with the principles that govern trials in the criminal justice system?
He said that another legal question which arose for consideration by the highest court in the matter was whether the High Court should have exercised caution and sensitivity in dealing with a case involving an offense. sexual assault committed against a woman.
The High Court erred in imposing a condition that defeated the very purpose of granting bail by ordering the alleged perpetrator to establish contact with the woman, the plea says .
He alleged that imposing such a condition results in further victimization of the survivor in her own home.
In the context of Rakshabandhan being a festival of guardianship between siblings, said bail condition amounts to a blatant trivialization of the trauma suffered by the complainant in the present case, he said, adding that the alleged incident was allegedly committed by the accused by forcibly entering the complainant’s house.
While it is common practice for courts to award some compensation to survivors of sexual offenses to be paid by the accused, it is highly reprehensible that the High Court in this case puts the complainant in a position where she is forced to accept the sum of Rs 11,000 as part of the customary ritual of Rakhshabandhan.
“Moreover, said bail condition also goes further by stating that Respondent # 2 (accused) offers 5,000 rupees to the complainant’s son,” he said.
(Except for the title, this story was not edited by GalacticGaming staff and is posted from a syndicated feed.)
