Chief Justice of India S.A. Bobde on Monday said news reports and quotes by activists have taken "out of context" a query posed by the apex court to a rape accused "on marrying the victim" while emphasising that the court always holds women with the highest regard and respect. He stated that the remarks were misreported.
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 court had asked the accused whether he would marry the complaint, the victim had not asked him to "go and marry her".
The Chief Justice stressed that the court proceedings in the matter were completely misreported.
The clarification comes in the wake of recent criticism against the Supreme Court that had asked the rape accused in another case whether he would marry the victim, who was minor when the crime was committed.
Last week, during the bail hearing of the 23-year-old man accused of raping the minor, the bench had asked the accused, "Will you marry her?"
An FIR was lodged by the girl against the accused after he refused to marry her. On February 5, the Bombay High Court allowed the girl's application cancelling anticipatory bail granted to the petitioner.
Challenging the high court order, the petitioner moved to the top court.
On Monday, Biju submitted that he was completely against the reports which tarnished the image of the court. The bench said the court gives the highest respect to women and even in the hearing never suggested to the accused to marry the victim.
Solicitor General Tushar Mehta submitted that according to section 165 of the Evidence Act the court is mandated to ask any question to discover facts or for any purpose.
Mehta said the court's statements were twisted out of context and a section of society wrongly started targeting the court and the judges.
The Chief Justice said: "We have the highest regard for women". He added, "Our reputation is in the hands of the Bar."
The top court will continue to hear the plea on termination of pregnancy on Friday.
This remark was sharply criticised by several women’s rights activists, eminent citizens, intellectuals, writers and artists writing an open letter to the CJI demanding an apology and withdrawal of the comment. CPI(M) politburo member Brinda Karat had too written to the chief justice asking him to withdraw his remarks.