‘Disqualify’ Allahabad HC Judge: Shiv Sena UBT MP Priyanka Chaturvedi writes to CJI over ‘misguided’ rape verdict

Amid the ongoing controversy over the Allahabad High Court's ruling that mere grabbing of the breast and breaking of the string of a 'pyjama' do not amount to the offence of rape, Shiv Sena UBT Rajya Sabha MP Priyanka Chaturvedi has written to Chief Justice of India (CJI) Sanjiv Khanna, seeking disqualification of Justice Ram Manohar Narayan Mishra who passed the order.

Making the above remarks, the Allahabad High Court said that such an 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.

Mishra passed the order 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 of IPC apart from other sections.

In her letter to CJI Sanjiv Khanna, Chaturvedi also quoted certain sections of judgement to highlight her concern.

“I am writing to raise my concern regarding the recent judgement passed by the Allahabad High Court on the case of molestation of a minor girl by two men in Uttar Pradesh,” she said.

The Sena MP stated that the section of the judgement highlights that despite physical assault and an attempt to bring down the minor girl's lower garment, the judge has not considered it as an attempt to rape.

"Moreover, it is questionable what a "preparation stage" to rape constitutes and why it is not viewed as an attempt to rape," she added.

Further, Chaturvedi said that she firmly believes that the judgement delivered by the depraved judge was flawed. “It is alarming that when 51 crimes against women happen every hour in the country, this is the level of commitment to women's safety demonstrated by our judicial system.”

“I request that Justice Ram Manohar Narayan Mishra (Allahabad High Court judge) be disqualified for delivering such a misguided verdict. Further, the case should be moved to the Supreme Court to ensure justice for the girl and her family,” said Chaturvedi in the letter to CJI Sanjiv Khanna.

Stating that periodic sensitisation training must be conducted for judges at all levels to prevent such insensitive judgements in the future, she added, “I urge you to take the necessary action for the same.”

What the court said

The court, in its order on March 17, observed that the specific allegation against the accused, Akash, is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. It is also not stated by the witnesses that the victim got naked or undressed due to this act of the accused. There is no allegation that the accused tried to commit penetrative sexual assault against the victim," the court said.

It said the allegations levelled against the accused, Pawan and Akash, and the facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation, it said.

"The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination," the court added.