SC stays Allahabad HC order directing to examine if rape victim is a ‘Mangalik,’ before taking Suo Motu Cognizance of it
Insight Online News
New Delhi, June 3 : Supreme Court’s vacation bench on Saturday stayed the Allahabad High Court’s order directing the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim was a Mangalik or not after the accused refused to marry her on such grounds.
A two-judge vacation bench of the Supreme Court, headed by Justice Sudhanshu Dhulia and also comprising Justice Pankaj Mithal passed the order today on the rape victim/ complainant’s plea.
“How did the Allahabad High Court enter into this astrology area, here? Astrology is a science, no doubt. But we do not understand this, why is this astrology report called for? We stay the order and ask the HC to decide bail plea on merit,” the Supreme Court’s two-judge vacation bench in its order today said.
Before staying the Allahabad High Court’s May 23 order, the Supreme Court today in the earlier hours in the day, before the hearing, took Suo Motu Cognizance of the matter.
The Lucknow bench of the Allahabad High Court, in its order on May 23, had directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangalik by examining her ‘Kundali’ in three weeks.
The Apex Court said, no observation has been made on merits. “Order stayed in the interest of justice,” the Apex Court said.
The Allahabad High Court had passed the order while deciding the bail plea of the accused of raping a woman on pretext of marriage. The accused had told the Allahabad High Court that the marriage could not be solemnised because the woman was an Mangalik.
The accused had told the Allahabad High Court that the girl is Mangalik, therefore, marriage has been refused. The girl has, however, claimed that she is not Mangalik.
The HC also had directed the HOD of (Astrology Department), Lucknow University to submit a report before the court in a ‘sealed cover’ in 3 weeks.
The Supreme Court noted that the Solicitor General (SG) Tushar Mehta, represented Union of India (UOI), amid lawyer, AK Singh represented the complainant victim in the case before it. The Top Court directed the Registry to issue notice to all the parties concerned, the bail applicant and the state of UP.
