The high court, in its July 30 order, had granted bail to the accused and imposed a condition that he along with his wife shall visit the house of the complainant and request her to tie 바카라Rakhi바카라 to him.
The Supreme Court Friday sought Attorney General's assistance on a plea for stay on the Madhya Pradesh High Court order which granted bail to an accused in a molestation case on the condition that he would request the alleged victim to tie him 바카라Rakhi바카라.
A bench headed by Justice A M Khanwilkar issued notice to the office of Attorney General K K Venugopal on an appeal filed by nine women lawyers who have said that courts across the country should be restrained from imposing such conditions as these are 바카라against the principle of law바카라.
The high court, in its July 30 order, had granted bail to the accused and imposed a condition that he along with his wife shall visit the house of the complainant and request her to tie 바카라Rakhi바카라 to him with the promise to protect her to the best of his ability for all times to come.
Senior advocate Sanjay Parikh, appearing for the petitioners including lawyer Aparna Bhat, told the bench that the appeal has been filed in a 바카라extraordinary circumstance바카라.
바카라The trauma of the victim is trivialised by such conditions,바카라 Parikh told the bench, also comprising Justice B R Gavai.
바카라These kind of conditions are imposed which are against the principle of law. Repeatedly such observations are being made,바카라 he said.
바카라Are you making the submission only for Madhya Pradesh or for the entire country,바카라 the bench asked.
To this, Parikh said he is making submission with regard to entire country and the petitioners have made prayers to restrain courts, including high courts and trial courts, from making such observations.
The bench, which said it is issuing notice to the office of the top law officer of the country, posted the matter for hearing on November 2.
In their appeal, the petitioners have sought stay of the bail condition imposed on the accused by the high court.
The plea said that substantial questions of law, including whether in a case seeking bail it is appropriate for a court to impose extraneous conditions which allows contact between the accused and the complainant, is involved in the matter.
바카라Whether the bail condition which is impugned herein stands to further victimize the complainant and trivialize the trauma that she has suffered,바카라 the plea said, adding, 바카라Whether the above mentioned bail condition is in line with the principles that govern trials within the criminal justice system?바카라.
It said another question of law which arises for consideration of the apex court in the matter is whether the High Court ought to have employed circumspection and sensitivity while dealing with a case involving a sexual offence having been committed against a woman.
바카라The high court erred in imposing a condition that defeated the very purpose of granting bail by directing the alleged perpetrator to establish contact with the victim,바카라 the plea said.
It alleged that imposing such a condition results in 바카라further victimization of the survivor바카라 in her own house.
바카라In the context of Rakshabandhan being a festival of guardianship between brothers and sisters, the said bail condition amounts to gross trivialization of the trauma suffered by the complainant in the present case,바카라 it said, adding that the alleged incident is said to have been committed by the accused by forcibly entering the complainant바카라s house.
바카라While it is routine for courts to award certain compensation to survivors of sexual offences to be paid by the accused, it is highly objectionable for the high court in the present case to put the complainant in a position where she is forced to accept the sum of Rs 11,000 as part of the customary ritual of Rakhshabandhan.
"Moreover, the said bail condition also goes a step further by stating that respondent No 2 (accused) tender Rs 5,000 to the son the complainant,바카라 it said.