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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

[vc_row][vc_column][vc_column_text]The High Court felt “it would be a travesty of justice if they (the culprits) are not given a chance to redeem themselves”

Legal versions of what constitutes rape can vary wildly within the judicial system of India. Especially, the absence of “gut wrenching violence that normally precede or accompany such incidents” is good enough for perpetrators of the crime to get away with a minor rap on the wrists, while bringing to the victim of rape more shame, supposedly for their “promiscuous attitude and voyeuristic mind”.

These quotes aren’t social or editorial inputs. Those were the actual words used by a division bench of the Punjab and Haryana High Court, comprising Justices Mahesh Grover and Raj Shekhar Attri, who in a recent verdict set three rapists, whose guilt had been proven beyond doubt, free to leave on bail.

That was not where the division bench stopped. It observed in its judgement that the heinous gang-rape culprits – three former law students – actually deserved a second chance. It observed: “It would be a travesty of justice if they are not given a chance to redeem themselves.”

That second chance, unfortunately, was not available to the victims, reports The Free Press Journal, quoting NDTV.

After hearing all arguments, judges Grover and Attri came to the strange conclusion that the victim’s account was questionable because of her supposed “promiscuous attitude and voyeuristic mind”. The judges suspended the sentence of the three youngsters and ordered them to pay Rs 10 lakh to the woman as compensation.

In 2015, the woman, a management student of the OP Jindal Global University in Sonepat, brought charges of rape against the three law students. She had complained that they had raped her several times for more than a year, while one of them had been blackmailing her using her nude photos. They had, thus, been able to force her to have sex with him and his two friends had joined in, resulting in a textbook case of gang-rape.

The sensible trial court had gone through the details of the case and found all three guilty. The verdict of the trial court judge was 20 years in prison on account of gang-rape, as well as for other criminal offences. The third man was sentenced to seven years in prison, a standard for rape.

That was when the three moved the high court, demanding a suspension of their sentences and the high court, strangely, agreed that a balance could well be struck between retribution and the sentences. The first logic used was that these were young men, with a future.  If there was any comment from the bench about the future of the young woman, the victim of this heinous crime, it has not been made available to the general public.

That was when the court, shockingly commented: “It would be a travesty of justice if they (the men) are not given a chance to redeem themselves.”

Such a pronouncement deserved an explanation and that too was shocking. The outstanding phrases within the judgement read as follows: “…the narrative does not throw up gut wrenching violence that normally precede or accompany such incidents”.  This, obviously, shows an existing predisposition of the judges towards a scenario of rape.

The other set of comments, through which the unfortunate woman has become a victim twice over, reads as follows: “… the entire crass sequence actually is reflective of a degenerative mind set of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world”.

The thin silver lining was in the court’s acceptance that the victim was threatened into submission and blackmail. Yet, while realising the extent and disgusting nature of the crime, the bench said that, after carefully examining her statement, it felt that all that represented “alternate conclusion of misadventure stemming from a promiscuous attitude and voyeuristic mind”. The construction of this part of the sentence is convoluted, but brings little joy to the victim of a gang-rape.

Thus came the bail order, in which the court observed, referring to the young generation that it is: “…unable to comprehend the worth of a relationship based on respect and understanding”.

So what will the rapists do as free, unencumbered young men? The court’s condition was that the three must undergo counselling at the All India Institute of Medical Sciences (AIIMS) for “correcting their behavioural aberrations” and to free them of their “voyeuristic tendencies”.

Of course, the court admits that it was the duty of the parents of the rapists to make them see better things and act better. After all, they are young, with impressionable and immature minds, one guesses.  Hence the court asked the Director AIIMS to submit a report. The bench also added that it will be the “duty of the parents” of the convicts to apprise the court on the progress. One can feel sorry for the parents, surely.

-India Legal Bureau

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India News

PM Modi urges people to read Tirukkural on Thiruvalluvar Day

Prime Minister Narendra Modi on Thiruvalluvar Day appealed to people to read the Tirukkural, calling it a reflection of the humane and harmonious ideals of Tamil philosopher-poet Thiruvalluvar.

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Prime Minister Narendra Modi on Friday urged people across the country to read the Tirukkural, highlighting its enduring relevance and the intellectual legacy of Tamil philosopher-poet Thiruvalluvar.

Marking Thiruvalluvar Day, which coincides with the Pongal celebrations every year, the prime minister paid tribute to the revered scholar, describing him as a symbol of harmony, compassion and Tamil cultural excellence.

In a message shared on social media platform X, Modi said Thiruvalluvar’s works and ideals continue to inspire countless people even today. He noted that the philosopher envisioned a society rooted in compassion and balance.

The prime minister encouraged citizens to engage with the Tirukkural, a classical Tamil text that deals with various aspects of human life, ethics and governance, calling it a window into the profound intellect of Thiruvalluvar.

Thiruvalluvar Day is observed annually to honour the philosopher-poet, whose literary contributions remain central to Tamil culture and thought.

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BJP, Thackerays or Pawars: Maharashtra civic body poll results awaited today

Counting of votes for 29 municipal corporations in Maharashtra, including the key BMC and Pune civic bodies, begins today, with BJP, Thackerays and Pawars awaiting crucial results.

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The political balance in Maharashtra’s urban centres will become clearer today as votes are counted for elections to 29 municipal corporations across the state. The results are keenly awaited amid high-stakes contests involving the BJP, the Thackeray cousins and the reunited Pawar factions.

Polling was held for 2,869 seats across 893 wards, with 3.48 crore eligible voters deciding the fate of 15,931 candidates. Counting is scheduled to begin at 10 am.

Mumbai and Pune in sharp focus

All eyes are on Mumbai, where the contest for the Brihanmumbai Municipal Corporation (BMC) has drawn statewide attention. Shiv Sena (UBT) chief Uddhav Thackeray and Maharashtra Navnirman Sena chief Raj Thackeray joined hands after more than two decades in a bid to reclaim control of the country’s richest civic body.

The BMC, which has an annual budget of over Rs 74,400 crore, went to polls after a nine-year gap, following a four-year delay. A total of 1,700 candidates contested the 227 seats.

Exit polls suggest a strong performance by the BJP–Shiv Sena (Eknath Shinde faction) alliance in Mumbai. An aggregate of multiple surveys projects the ruling alliance ahead, with the Shiv Sena (UBT) and allies trailing, while the Congress is expected to secure a limited number of seats. Exit polls have also indicated possible voting consolidation among Maratha and Muslim voters behind the Thackeray-led alliance, while women and young voters may tilt towards the BJP.

The last BMC election in 2017 saw the undivided Shiv Sena retain control of the civic body it had dominated for decades.

In Pune, the spotlight is on the unusual alliance between rival NCP factions led by Ajit Pawar and Sharad Pawar. Exit polls indicate the BJP could emerge as the largest party in the Pune Municipal Corporation (PMC), with both NCP factions and the Shiv Sena also expected to secure a share of seats.

Statewide counting underway

Apart from Mumbai and Pune, counting will take place in several other key municipal corporations, including Thane, Navi Mumbai, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Mira-Bhayandar, Vasai-Virar, Solapur, Kolhapur, Amravati, Akola, Jalgaon, Malegaon, Latur, Dhule, Jalna, Sangli-Miraj-Kupwad, Nanded-Waghala, Chandrapur, Parbhani, Panvel, Bhiwandi-Nizampur, Ulhasnagar, Ahilyanagar and Ichalkaranji.

With major parties treating these civic polls as a referendum on their urban appeal ahead of future state and national elections, today’s results are expected to shape Maharashtra’s political narrative in the months to come.

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Supreme Court flags risk of lawlessness, pauses FIRs against ED officers in Bengal case

The Supreme Court paused FIRs against ED officers in the Bengal I-PAC raid case, warning that obstruction of central probes could lead to lawlessness and seeking responses from the Centre and state.

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The Supreme Court on Wednesday delivered a sharp rebuke to the Mamata Banerjee-led West Bengal government, pausing FIRs lodged against officers of the Enforcement Directorate over searches linked to political consultancy I-PAC. The court said the case raises serious questions about interference in investigations and warned that failure to address them could lead to “lawlessness”.

A bench of Justice Prashant Mishra and Justice Vipul Pancholi sought replies from the Ministry of Home Affairs, the Department of Personnel and Training, Chief Minister Mamata Banerjee and the Trinamool Congress government on the ED’s plea. The central agency has also sought the suspension of Bengal Director General of Police Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, and a probe by the CBI. The matter will be heard next on February 3.

The ruling follows a standoff between the ED and the Bengal government after the agency conducted searches at premises linked to I-PAC, which manages election campaigns for the Trinamool Congress, in connection with a corruption case.

Court questions obstruction of central probes

Recording its prima facie view, the Supreme Court said the petition raised a “serious issue” concerning investigations by central agencies and possible obstruction by state authorities.

“There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?” the bench observed.

Earlier in the day, the court also expressed disturbance over scenes of chaos in the Calcutta High Court during a hearing related to the same dispute.

ED alleges interference, seeks action against top cops

The Enforcement Directorate accused the West Bengal administration of interfering with its searches and investigation. Appearing for the agency, Solicitor General Tushar Mehta alleged that evidence was removed from the residence of an I-PAC co-founder and argued that such actions could encourage state police officers to aid and abet obstruction. He sought suspension of senior police officials.

Describing the disruption in the Calcutta High Court on January 9, Mehta called it “mobocracy”, saying a group of lawyers unconnected to the case disrupted proceedings, forcing an adjournment. The bench asked whether the high court had been turned into a protest site, to which Mehta responded that messages had circulated calling lawyers to gather at a specific time.

Banerjee’s counsel defends move, cites election confidentiality

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned the timing of the ED’s presence in Bengal ahead of Assembly elections. He said the last development in the coal scam case dated back to February 2024 and argued that I-PAC handled election-related work under a formal contract with the Trinamool Congress.

According to Sibal, election data stored at the premises was confidential and critical to campaign strategy. He said the party leadership had a right to protect such information.

Representing the Bengal government and the DGP, senior advocate Abhishek Singhvi referred to the January 9 disruption but argued it could not justify parallel proceedings in different courts. The bench responded that emotions “cannot go out of hand repeatedly”.

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