Supreme Court Suspends Allahabad HC's "Insensitive" Comments on Sexual Assault Case

(New Delhi, Mar 26) 

The Supreme Court was furious at the Allahabad High Court's comment that groping a woman's breast and pulling at her clothes do not amount to rape. The Supreme Court suspended such comments on Wednesday, deeming them "totally insensitive" and an "inhuman approach."

Terming it a "very serious issue," the Supreme Court stayed the March 17 controversial verdict of the high court. Justices B R Gavai and Augustine George Masih observed that the comments reflected an absolute lack of sensitivity.

"Normally, we are not inclined to grant a stay at this juncture. But the rhetoric in paragraphs 21, 24, and 26 transcends the demands of judicial rhetoric and expresses an utter lack of humanity," the justices wrote.

The Supreme Court intervened after the comment was referred to Chief Justice of India Sanjiv Khanna by "We the Women of India." Solicitor General Tushar Mehta has described the order of the high court as "very serious." Attorney General R Venkataramani also was present.

The high court had reserved judgment in November and pronounced it after four months. The bench added that the chief justice of the high court must behave accordingly.

A notice was sent to the Central and Uttar Pradesh governments, inviting their responses. The judicial registrar of the Supreme Court was directed to forward its order to Allahabad High Court.

The case will be heard within a fortnight. In the meantime, the Supreme Court promised that a petition against the verdict of the high court as well as an application by the victim's mother would be heard.