Framing some legal questions, the court said it will examine the issues including the one whether such statement comes under ambit of freedom of speech? And stayed the CBI investigation into the brutal gang rape case
Taking a serious note of the Uttar Pradesh government and its urban development minister Azam Khan's statement about Bulandshahr rape victim, the Supreme Court on Monday pulled up the state government and said "can the powerful in the government make insensitive remarks about a rape victim and destroy her faith in the State's capacity to give her justice.
Framing some legal questions, the court said it will examine the issues including the one whether such statement comes under ambit of freedom of speech? And stayed the CBI investigation into the brutal gang rape case.
The court also appointed eminent jurist Fali S Nariman as amicus curaie to assist the court in the case.
A bench headed by Justice Dipak Misra pulled up the Samajwadi Party leader, who had termed the crime a "political conspiracy" against his party and government in the state saying "Why should people in power make such statements?"
"Should the state, the protector of citizens and responsible for law and order, allow these comments as they can potentially create distrust in the minds of victims as regards the fair investigation and in a way, the entire system," Justice Misra observed.
Issuing notice to the minister, the bench directed the state government to file its response within three weeks on a petition filed by the victim's family to transfer the case from UP to Delhi, they will not get fair justice due to the 'outrageous' comments of Khan.
The court posted case for hearing on September 27 to hear on the constitutional question whether high functionaries of the state can make statements in a case of rape, gang rape and murder, which have the "potential to create distrust on fair investigation".
The court asked whether these men of authority can pass such comments and claim their right to freedom of speech and expression?
"Whether such comments [which are not meant for self protection] defeat the concept of constitutional compassion and also of constitutional sensitivity," the Bench said.
Filing an appeal for justice, the victim's mother, recounted their story to the Supreme Court about their rape by a gang in front of the latter's father on the deserted National Highway 91 between Noida and Shahjahanpur in Uttar Pradesh in the July 29 night.
On the fateful night, the Noida-based family was stopped on the highway near Bulandshahr by an armed gang that dragged the mother and her 14-year-old daughter to the fields and raped them for hours. The family, represented by advocate Kisley Pandey, said Khan's statement has "substantially outraged the modesty of the rape victims," especially the minor daughter.
Arraigning the state of Uttar Pradesh, Khan, the State police chief and the Bulandshahr Senior Superintendent of Police as opposite parties in the case, the family accused them of causing "serious and substantive infringement of the fundamental rights of the petitioner [victims] to live a lawful life, right to equality before law and right to civil liberty".
They have asked the court to direct the state to provide the minor victim "respectable and appropriate free of cost and safe educational arrangements" till the time they get justice. The family also wanted the State to pay them a compensation.
Khan had said: "We need to investigate whether this is a conspiracy by opponents who want to defame the government."
The state government was attacked by opposition parties who said Chief Minister Akhilesh Yadav must resign for his failure to protect people in UP.
Elections are likely to be held in Uttar Pradesh, India's largest state, early next year.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Supreme Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}