SC sets aside HC order granting bail to police officer accused of raping minor
New Delhi (PTI): The Supreme Court has set aside the Allahabad High Court order granting bail to a police officer accused of raping a 13-year-old girl who was brought to a police station in Uttar Pradesh for registering a complaint of alleged sexual assault on her by four persons.
The apex court said that there is no reason to justify the grant of bail to the accused who was the Station House Officer (SHO) and allegedly grossly abused his office to commit "same heinous crime" of raping the minor victim.
A bench of justices A S Bopanna and Sanjay Kumar delivered the order on a plea filed by the victim's mother challenging the March 2 last year order of the high court.
"In the present case, the situation is far worse as respondent no.1, being the station house officer of the police station, where the minor victim girl was brought for securing her justice, is alleged to have resorted to committing the same heinous crime of raping her," the bench said in its order passed on Friday.
"In this situation, his prayer for grant of bail required more than the cursory appraisal that was bestowed by the high court. We do not find any reasons worth the name justifying the grant of bail to respondent no.1 at this stage," it said.
It allowed the appeal filed by the victim's mother and set aside the high court order.
The bench directed that the accused shall surrender forthwith, failing which the state shall take necessary steps to apprehend him and send him to judicial custody.
Senior advocate H S Phoolka appeared for the victim's mother in the case.
She had approached the apex court against the high court order granting bail to the accused in an FIR lodged for alleged offences under various sections of the Indian Penal Code, including that of rape, and under the provisions of the Protection of Children from Sexual Offences Act, 2012 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In its order, the top court noted that according to the prosecution, the minor girl was placed in the custody of the SHO on April 27, 2022 in connection with registering a complaint against four men, who were alleged to have sexually assaulted her.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
