'Be careful,' SC tells HC over remark that rape victim 'invited trouble'

New Delhi: The Supreme Court Tuesday lamented the remarks passed by the Allahabad High Court while granting bail to a rape accused.

On March 11, Justice Sanjay Kumar Singh while granting bail to a rape accused had said in his judgment that "even if the allegation of the (rape) victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same."

"There is another order now by another judge. Yes bail can be granted. But what is this discussion that 'she herself invited trouble etc'...why make such remarks? One has to be very careful when saying such things especially on this side (judges)," Justice BR Gavai verbally remarked.


A division bench comprising Justices Gavai and Augustine George Masih was hearing a suo motu case vide which it had stayed another Allahabad HC ruling (March 17) which held that mere grabbing of the breast and pulling the string of a 'pyjama' do not amount to offence of rape.

The March 17 judgement was rendered by Justice Ram Manohar Narayan Mishra of the Allahabad HC which on March 26 was stayed by the Supreme Court, saying it lacked "sensitivity on part of the author of the judgement".

Today when the matter came up for resumed hearing, Justice Gavai expressed his disapproval of the remarks passed by Justice Singh in his March 11 judgment.

Weighing in, Solicitor General Tushar Mehta orally remarked "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," The main (suo motu) matter was adjourned by four weeks.