'Why make such comments': Supreme Court pulls up Allahabad HC over 'she invited trouble' remark

The top court also on Tuesday said the licence of a hospital should be cancelled if a newborn is stolen from there.

The Supreme Court on Tuesday slammed an Allahabad high court order that stated the rape survivor “herself invited trouble”.

While recently granting bail to an accused in a rape case, the Allahabad High Court said the complainant had "invited trouble" upon herself. The comment was made by Justice Sanjay Kumar Singh.

Supreme Court judge Justice BR Gavai 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.

" One thing here and there,” he said as quoted by Bar and Bench.

The top court also slammed another observation made by the Allahabad HC. It recently observed that grabbing the breasts, breaking the string of pyjama and trying to drag the victim beneath the culvert before fleeing the spot is not enough to charge a perpetrator with the offence of rape, or an attempt to rape.

In its observation, the court made a distinction between the “preparation stage” and an “actual attempt”.

A single bench comprising Justice Ram Manohar Narayan Mishra made this observation while partly allowing the revision petition filed by two accused persons challenging the order of the lower court which had summoned them to face trial for charge under Sections 376 IPC (attempt to rape) read with Section 18 of POCSO Act.

"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," said solicitor general Tushar Mehta.

The top court also on Tuesday said the licence of a hospital should be cancelled if a newborn is stolen from there.

A bench of Justices JB Pardiwala and R Mahadevan also directed high courts across the country to issue directions to lower courts to complete trials in child trafficking cases in six months.

The court’s remark came as it laid down extensive guidelines to be followed by states to prevent child trafficking and to deal with cases involving child trafficking offences.

“If any newborn is trafficked from a hospital, the first step should be to suspend the licence of such hospitals. If any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license,” the court ordered.

It also issued the directions while hearing anticipatory bail pleas filed by the accused in a child trafficking case from Uttar Pradesh.

The top court also slammed both the Allahabad HC and the Uttar Pradesh government for the manner in which they dealt with the matter.