"Why Such Comments?" Top Court On Allahabad High Court's Rape Survivor Remark

The Allahabad High Court - rebuked by the Supreme Court last month after it said grabbing a minor's breast and pulling at her pyjamas is not an attempt to rape - has been hauled up again.

This time it has been called out for two shocking comments - shaming a rape survivor by saying she "invited trouble" and the "callous approach" to bail applications by accused in a child trafficking case.

In the first instance, the top court was hearing matter related to the crass comment last month - that grabbing the breasts of the girl and tearing the string on her pyjamas "is not sufficient to draw an inference... that the accused persons had determined to commit rape".

The Supreme Court had earlier slammed the comment as "inhuman" and said it was more worried by the fact there was "application of mind" in the High Court's order.

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While continuing to hear that matter, Supreme Court judge Justice BR Gavai drew attention to the observation that a rape survivor had "herself invited trouble and was responsible for the same".

READ | "She Invited Trouble": Allahabad High Court's Bail Order In Rape Case

He criticised the horrific comment and called on judges to be careful when making remarks.

Justice Gavai also wondered why the High Court judge had felt it necessary to make any remark; it was made as the court granted bail to a man accused of raping a minor.

"Bail can be granted... but why make such comments. Judges should be more careful."

Meanwhile, in a separate case to do with child trafficking, the Supreme Court came down hard on the Allahabad High Court's decision to grant bail to all the accused.

The Allahabad High Court has been hauled up three times in the past two months (File).

"We are sorry to say... but the High Court dealt with all the bail applications in a very callous manner. The outcome of this callous approach on the part of the High Court has ultimately paved the way for many accused persons to abscond... these accused persons are a big threat to society..."

"The least expected of the High Court while granting bail to the accused was to impose a condition to mark their presence once a week at the police station, so they can keep a check on movements."

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The court also criticised the Uttar Pradesh government for insensitive handling of the case.

"We are thoroughly disappointed with the manner in which the State handled the situation. Why did the State not do anything at all... why did the State not deem fit to challenge the orders of bail... the State has, unfortunately, exhibited no seriousness worth the name..."