In a latest development, The Supreme Court has stayed the Allahabad High Court's controversial observations made in an order which said mere grabbing of the breast and pulling the string of a 'pyjama' do not amount to offence of rape, PTI confirmed
A bench of Justices B R Gavai and Augustine George Masih observed it was pained to say that some of the observations made in the high court order depicted total insensitiveness and an inhuman approach.
The bench issued notice to the Centre, Uttar Pradesh government and others seeking their responses in the suo motu proceedings initiated over the high court's March 17 order.
The apex court has taken cognisance on its own of the controversial order.
What Did The Supreme Court Say?
The Supreme Court on Wednesday said the order reflected the insensitivity on the part of the High Court judge who passed it and was not a spur-of-the-moment order.
"We are at pains to state that it shows total lack of sensitivity on part of the author of the judgement. It (the order by High Court) was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there were application of mind. We are usually hesitant to grant stay at this stage, the Court order said, as quoted by Bar and Bench.
"It is a serious matter. Total insensitiveness on 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 stated.
What Was The Case?
The high court on March 17 ruled that mere grabbing of the breast and pulling the 'pyjama' string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.
The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under section 376 (rape) of the Indian Penal Code apart from other sections.
