Justice Krishna Dixit of the Karnataka High Court has expunged certain remarks made against a rape victim in his recent order granting anticipatory bail to an accused.
Justice Dixit has further clarified that the observations made by the High Court shall not influence the investigation of the offences alleged and the likely trial. The revised order stated,
“It hardly needs to be stated that the observations made by this Court in the subject Judgment being confined to consideration & disposal of the bail petition, shall not influence in any way the investigation of the offences alleged and the likely trial thereof.”
The revised order passed on July 1 and uploaded on the High Court website today, read,
“Taking note of the contents of respondent-State’s Application which is supported by the accompanying Affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No.3(c) at Page 4 of the subject Judgment dated 22.06.2020, as sought for at para 5 of the said Application, the rest having been retained intact.”
Voicing concern over these remarks, women’s rights activists, individuals, and groups had addressed an open letter condemning Justice Krishna S Dixit’s statements in his June 22 order.
Another open letter was also addressed to Chief Justice of India SA Bobde and the Supreme Court’s, Justices R Banumathi, Indu Malhotra and Indira Banerjee by Advocate Aparna Bhat, urging the Court to issue an advisory to all High Courts and subordinate courts to refrain from commenting on the conduct of victims of sexual violence.
Read the order here: