Release 2 social staff on bail, order remanding them to custody ‘totally impermissible’, says SC

New Delhi, August 4

The Supreme Court Tuesday ordered “forthwith” launch of two social staff who have been despatched to jail in a case lodged towards them after they have been accompanying an alleged gang rape sufferer at a courtroom in Bihar’s Araria district for recording of her assertion earlier than a Justice of the Peace.

The order by which these two social staff have been despatched to custody was “totally impermissible”, mentioned a bench headed by Justice Arun Mishra and directed they be launched on private bond of Rs 10,000 every.

Petitioners—Kalyani Badola and Tanvi Nair—have been despatched to judicial custody in a case lodged towards them for alleged offences underneath the Contempt of Courts Act and underneath varied sections of Indian Penal Code, together with 228 (intentional insult or interruption to public servant sitting in judicial continuing).

The Bench, additionally comprising Justices BR Gavai and Krishna Murari, additionally issued notices to Bihar authorities and others searching for their responses on the plea filed by Badola and Nair who’ve sought bail and in addition a path to the involved authorities to not take any coercive motion towards them within the case lodged in Araria.

“Issue notice. Until further orders, we direct the release of the petitioners (Badola and Nair) on bail on furnishing personal bond for a sum of Rs 10,000 each, forthwith, to the satisfaction of the concerned authorities,” the Bench mentioned in its order.

According to the petitioners, a 22-year-old lady, who was illiterate and used to work as cook dinner at their residences, was gang raped on July 6 and after the incident she had known as one in every of them for assist.

The plea mentioned that on July 10, the girl was summoned for the needs of recording of her assertion earlier than a Justice of the Peace and he or she had requested the petitioners, who have been working with a Araria-based NGO, to accompany her to the courtroom.

It mentioned when the assertion was being learn over to her, the girl expressed some considerations and requested that the petitioners be allowed to return in and browse out the assertion to her.

“The magistrate unfortunately mistook this as a criticism of the court, refusing to listen to any explanation he remanded all three persons to police custody,” the plea mentioned, including that they’d at no level “meant or displayed any disrespect to the court”.

It mentioned that on July 17, the girl was granted bail by the courtroom however the bail plea of the petitioners was rejected.

The plea mentioned that courts in Bihar aren’t in a position to perform as a result of COVID-19 pandemic and their plea towards the July 17 order is pending earlier than a classes courtroom.

The plea has alleged that the “FIR on the basis of which the three persons were arrested and sent to jail is without jurisdiction or authority of law”.

“It is respectfully submitted that their continued incarceration and curtailment of personal liberty is untenable in law and facts and without judicious application of mind,” it mentioned, including that the petitioners are “completely innocent” and offences alleged towards them aren’t made out.

It claimed that the “allegation of uncalled behaviour, threatening the presiding officer and demanding re-recording of the statement of the survivor is completely false and baseless”. PTI


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