Have highest respect for women, remarks ‘misreported’: SC amid row over comments in rape case

The observations by the bench, also comprising Justices A S Bopanna and V Ramasubramanian, were made while it was hearing a case of a 14-year-old pregnant rape victim seeking a nod to abort the foetus of almost 26 weeks.

The clarification, notably on International Women’s Day, comes in the wake of recent criticism against the Supreme Court that it had asked a rape accused in another case whether he would marry the victim, who was a minor when the crime was committed.

CPI(M) politburo member Brinda Karat had earlier lashed out at CJI S A Bobde over comments made during the hearing of a plea filed by a public servant, who is accused of repeatedly raping a girl, against the Bombay High Court February 5 order which had cancelled his anticipatory bail.

She, then hit out at the Bar Council of India for its support to the Chief Justice of India over his remarks, saying the issues raised in the resolution of the BCI have wider implications for the struggle for justice.

Coming in support of the Supreme Court, the BCI on Thursday asked activists, who wrote to CJI Bobde urging him to withdraw remarks made in a rape case, not to “scandalise” the highest judiciary and take “political mileage” of its proceedings.

The apex bar body, in a resolution adopted during a meeting, termed the letter written by Brinda Karat to CJI Bobde as a “malicious attack” on the judiciary and said the freedom of speech and expression cannot be stretched to the extent of “maligning and weakening” the institution.

Referring to the earlier case, the CJI today said, “We never asked anyone to marry”.

We (had) asked are you going to marry? We didn’t order (him to) ‘marry’,” the bench said and added: “We do not remember any case of marital rape was before us …We have the highest respect for women.”

“Our reputation is always at the hands of bar,” the top court observed. The view was also endorsed by lawyers appearing in the case.

A Supreme Court bench headed by Chief Justice of India S A Bobde last Monday asked a state government employee, who is facing charges of raping a relative when she was a minor, if he intended to marry her now.

“Will you marry her?” the CJI asked while hearing a petition against an order of the Bombay High Court setting aside a sessions court order granting anticipatory bail to the accused. “We are not forcing you to marry. Let us know if you will. Otherwise, you will say we are forcing you to marry her,” the bench had said.

With PTI inputs