The court also appointed Fali S Nariman as amicus curiae to examine if a person in power can be allowed to comment on rape cases that may shake the victim’s faith.
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The Supreme Court on Monday sought a response from the Uttar Pradesh government on a plea seeking the transfer of a probe into the Bulandshahr gangrape from the state police.
The incident took place earlier on the intervening night of 29-30 July when a 35-year-old woman and her daughter were allegedly gang-raped by a group of robbers in Bulandshahr district.
Calling the statement “objectionable and insensitive”, the court has issued notice to the Uttar Pradesh government seeking its response on why criminal case can not be lodged against the minister.
The court also questioned whether such statements fall under the ambit of freedom of speech or defeat of principles of constitutional compassion.
In her petition, the victim also demanded the transfer of this case to New Delhi, a court-monitored probe and security and rehabilitation for her family.
After the gang-rape incident, Samajwadi Party leader Azam Khan sparked controversy with his insensitive remarks suggesting that this gang-rape could be a political conspiracy against the Uttar Pradesh government.
The plea alleged that the police did not come for help despite the victims making several distress calls on the helpline number. The incident sent shock waves across the country.
The plea said Mr. Khan’s statement “substantially outrages” the “modesty” of the victims and their family.
“The victim dialed 100 number after the incident to seek help from police but it did not help at all”.
Seeking a FIR against Azam Khan, the father has taken exception to his statement describing the incident as a political conspiracy and described it as “outrageous to the modesty” of the victims.
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It said that six members of the family were travelling from Noida to Shahjahanpur on national highway-91 when they were waylaid, assaulted and robbed.
