New Delhi, March 26: Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". Terming it a "very serious matter", the apex court stayed the controversial observations of the high court made in a verdict delivered on March 17.

A bench of Justices B R Gavai and Augustine George Masih said these observations exhibited "total insensitiveness" on part of the judge. "In normal circumstances, we are slow in granting stay at this stage. But since the observations in paragraphs 21, 24 and 26 are totally unknown to cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations," the bench said. ‘Insensitive, Inhumane’: Supreme Court Stays ‘Breast Grabbing, Pyjama String Pulling Not Rape’ Observation Made by Allahabad HC.

The top court had taken a suo motu cognisance in the matter after the controversial observations made by the high court was brought to the notice of Chief Justice of India Sanjiv Khanna by an organisation "We the Women of India". At the outset, Solicitor General Tushar Mehta referred to the high court verdict and said, "This is one judgement I take a very serious exception". Attorney General R Venkataramani also appeared in the matter. "It is a very serious matter," Justice Gavai observed, adding, "Exhibits total insensitiveness on the part of the judge".

"We are sorry to use such harsh words against the judge," the bench observed. Mehta said the chief justice of the high court was the master of the roster there and it would be advisable that some steps are taken. "We have perused the order (of the high court). We are at pains to say that some of the observations made in the impugned order and particularly in paragraphs 21, 24 and 26 depicts a total lack of sensitivity on the part of the author of the judgement," the bench said.

The apex court said it was not as if that the verdict was dictated at the spur of the moment in the court itself. It noted that the high court had reserved its verdict in the matter in November last year and after almost four months, the judgement was pronounced. The bench said it was clear that the judge had authored the verdict after application of mind. The bench issued notice to the Centre, Uttar Pradesh government and the parties before the high court in the matter seeking their responses in the suo motu proceeding. ‘Grabbing Breasts or Snapping Pyjama String Not Rape Attempt’ Order by Allahabad HC: Supreme Court Takes Suo Moto Cognisance of Allahabad High Court Observations on Attempt To Rape.

It directed the registrar (judicial) of the apex court to forthwith communicate its order to the registrar of the Allahabad High Court. The bench said the high court registrar shall place its order immediately before the chief justice there. It requested the high court's chief justice to look into the matter and take such steps as he deem proper. The bench said the matter would be heard again after two weeks. It noted that both the Attorney General and the Solicitor General have graciously accepted to assist the court in the matter.

During the hearing, one of the advocates appearing in the matter said they have filed a petition challenging the high court order. The bench said the plea would be heard along with the suo motu proceedings. Another advocate told the bench that they would file an application on behalf of the mother of the victim in the matter. The high court on March 17 ruled that mere grabbing of breast and pulling the 'pyjama' string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.

The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under section 376 (rape) of the Indian Penal Code apart from other sections. According to facts of the case, an application was moved before the court of Special Judge, POCSO Act, alleging that on November 10, 2021, she (informant) was returning from the home of her sister-in-law along with her 14-year-old minor daughter.

It was alleged that accused Pawan, Akash and Ashok, who were from her village, met her on the way and offered a lift to her daughter. It was alleged that the accused stopped their motorcycle on the way to her village and started grabbing her breasts. Akash dragged her and tried to take her beneath the culvert and pulled the string of her pyjama, it was claimed. Two persons reached the spot on hearing the cries of her daughter, it was alleged, adding that the accused fled the place.

After going through the material on record, the high court found, "In the present case, the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down the lower garment of the victim and for that purpose, they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. "This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on the victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim," it said.