Madras HC Judge Recalls Mediation Order, Cancels Bail For Rapist
11 July, Chennai
Justice P Devadass of the Madras High Court, who had directed a rapist to mediate with his victim, today recalled his order and cancelled the bail granted to the accused.
On a petition filed by the accused V.Mohan under Section 389 of CrPC seeking to suspend the sentence imposed on the accused by the Additional Sessions Judge, Mahila Court, Cuddalore on July 22 last year and enlarge him on bail, the Judge had on June 18 directed the parties to go for a mediation.
In view of the judgment of the Supreme Court in the State of Madhya Pradesh vs Madanlal, the said order of this Court directing the parties to go for mediation was recalled. The Apex court had held that there could be no compromise in a rape case in the name of promising wedlock. There should be no mediation and no compromise in rape cases…a woman’s body is her temple,” the SC said.
Citing the SC order, Justice Devadaoss, while recalling his mediation order, said consequently, the interim bail granted to the petitioner was cancelled. The Officer-in-Charge, Mediation Centre attached to this Court should stop the parties from attending the mediation, the Judge said.
The Registrar (Judicial) of this Court should ensure compliance of this order. Following the recall of the mediation order, Counsel for the petitioner submitted that the accused will surrender before the trial Court July 13.
Recording his submissions, the Judge said if the accused failed to surrender on that day, the trial court, should issue warrant to secure him and commit him to Central Prison, Cuddalore.
The Judge then posted the matter for hearing after two weeks. It may be recalled that the mediation order has evoked sharp reactions from various sections of society.
It may be recalled that Justice P Devadass in his order on a bail plea from a man imprisoned for rape of a minor, directed the case to be settled with a compromise between the two parties. Mediation mode is best suited to them, he had said in the order.
The controversial judgement, as expected, has invoked angry reactions from members of the civil society. The verdict is outright bizarre and demeaning to the victim. The court cannot possibly conclude that the victim who has been suffering years of agony would agree to marry the violator, rights activists said. Following the outrage against the controversial order, ordering mediation in a rape case, the judiciary came under pressure to recall the case from mediation.
A representation was also made to the Chief Justice of the Madras High Court by the lawyers, who said ”as lawyers of the Madras High Court and mediators in the Centre, we are deeply disturbed by the reference and believe that besides violating the rights of victims and survivors, it will create a wrong impression of the mediation process.
Some legal experts also question the need for suggesting mediation when that was not even the prayer by the convict himself. One cannot pass any judgment on a bail application. When the prayer is for bail, where is the question of mediation?
Secondly, one cannot pass an order directing mediation without asking the victim whether she wants that”, experts asked. PUCL National General Secretary V Sureshtermed it as a retrograde order.
The rape victim herself oppose the mediation. How can I live with him? Would he accept the solution if it had happened to one of his sisters? Not even once has he visited us. He has not even touched this girl even once. He has been maintaining that she was not his child until the DNA test. Why has he not come for a compromise before he was jailed, she sought to know.