Judges must be careful when making observations in sexual violence cases, says Supreme Court

The Supreme Court on Tuesday said that judges must be careful when making observations in cases related to sexual violence against women, Bar and Bench reported.

A bench of Justices BR Gavai and Augustine George Masih made the remarks about an Allahabad High Court order on March 11 granting bail to a man accused of raping a woman in 2024. Justice Sanjay Kumar Singh of the High Court had said that the woman had “invited trouble” for herself and was responsible for the crime committed against her.

On Tuesday, the Supreme Court said that unwarranted observations against the complainant should be avoided even while the grant of bail was the discretion of the judge depending on the facts of each case, according to Bar and Bench.

“There is another order now by another judge,” Bar and Bench quoted Gavai as saying. “Yes, bail can be granted. But what is this discussion that ‘she herself invited trouble etc’? One has to be careful when saying such things especially on this side [judges].”

Solicitor General Tushar Mehta also noted that “complete justice should not only be done but also seen to be done”, Bar and Bench reported. “How a common person perceives such orders will also have to be seen,” Mehta said.

The Supreme Court was hearing a suo motu case initiated by it on...

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