When a victim files an FIR alleging rape, gang rape, murder or such other heinous offences against another person or group of persons, can politicians comment on the crime?.A Constitution Bench of the Supreme Court will decide this question..A 3-judge Bench presided by Chief Justice Dipak Misra today referred the matter to a larger Bench..The case itself has its genesis in the Bulandshahr rape in Uttar Pradesh. Azam Khan, then a Minister, had courted controversy when he remarked that the outrage over the crime is a “political controversy”..The father of the victim had brought the same to the notice of Supreme Court, whereupon the Court had framed the following questions for consideration:.(a) When a victim files an F.I.R. alleging rape, gang rape or murder or such other heinous offences against another person or group of persons, whether any individual holding a public office or a person in authority or in-charge of governance, should be allowed to comment on the crime stating that “it is an outcome of political controversy”, more so, when as an individual, he has nothing to do with the offences in question?.(b) Should the “State”, the protector of citizens and responsible for law and order situation, allow these comments as they have the effect potentiality to create a distrust in the mind of the victim as regards the fair investigation and, in a way, the entire system?.(c) Whether the statements do come within the ambit and sweep of freedom of speech and expression or exceed the boundary that is not permissible?.(d) Whether such comments (which are not meant for self protection) defeat the concept of constitutional compassion and also conception of constitutional sensitivity?.These issues will now be decided by a Constitution Bench after Amicus Curiae Fali Nariman and Senior Advocate Harish Salve agreed that the matter needs to be considered by larger Bench..Click here to download the Bar & Bench Android App
When a victim files an FIR alleging rape, gang rape, murder or such other heinous offences against another person or group of persons, can politicians comment on the crime?.A Constitution Bench of the Supreme Court will decide this question..A 3-judge Bench presided by Chief Justice Dipak Misra today referred the matter to a larger Bench..The case itself has its genesis in the Bulandshahr rape in Uttar Pradesh. Azam Khan, then a Minister, had courted controversy when he remarked that the outrage over the crime is a “political controversy”..The father of the victim had brought the same to the notice of Supreme Court, whereupon the Court had framed the following questions for consideration:.(a) When a victim files an F.I.R. alleging rape, gang rape or murder or such other heinous offences against another person or group of persons, whether any individual holding a public office or a person in authority or in-charge of governance, should be allowed to comment on the crime stating that “it is an outcome of political controversy”, more so, when as an individual, he has nothing to do with the offences in question?.(b) Should the “State”, the protector of citizens and responsible for law and order situation, allow these comments as they have the effect potentiality to create a distrust in the mind of the victim as regards the fair investigation and, in a way, the entire system?.(c) Whether the statements do come within the ambit and sweep of freedom of speech and expression or exceed the boundary that is not permissible?.(d) Whether such comments (which are not meant for self protection) defeat the concept of constitutional compassion and also conception of constitutional sensitivity?.These issues will now be decided by a Constitution Bench after Amicus Curiae Fali Nariman and Senior Advocate Harish Salve agreed that the matter needs to be considered by larger Bench..Click here to download the Bar & Bench Android App
