New Delhi, March 26 — The Supreme Court on Wednesday stayed the Allahabad High Court’s ruling that declared grabbing a girl’s breasts and pulling her pyjama string did not amount to attempted rape, calling the verdict “totally insensitive” and “inhuman.”
“It was totally insensitive on the part of the learned judge to make such observations,” said a Bench of Justice BR Gavai and Justice AG Masih.
The top court, which took suo motu cognisance of the case on Tuesday following a letter from the NGO We the Women of India to the Chief Justice of India, directed the Allahabad High Court Chief Justice to take “steps as deemed fit and proper.”
Expressing dismay over the lower court’s reasoning, the Bench noted that the judgment, delivered after over four months of deliberation, reflected a clear lack of sensitivity. “The matter was reserved on November 13, 2024, and the judgment was pronounced only after a considerable period. It’s thus clear that the judge authored the judgment after due application of mind,” the Bench observed.
The court issued notices to the Centre, Uttar Pradesh, and the accused, scheduling the next hearing for April 15. It also sought assistance from Attorney General R Venkataramani and Solicitor General Tushar Mehta.
At the outset, Mehta urged the Bench to stay the high court’s order, calling it insensitive. “In normal circumstances, we are slow in granting a stay at this stage. But since these observations are totally unknown to the canons of law and depict an insensitive and inhuman approach, we are inclined to stay them,” the Bench stated.
