New Delhi, Jul 21 (PTI) The Supreme Court on Monday cancelled the bail of a former superintendent of a state-run women’s protection home in an alleged case sexual exploitation and mental torture, observing “saviour” turned into “devil”.
A bench comprising Justices Vikram Nath and Sandeep Mehta said, “It is clearly a case, wherein the person put in the role of a saviour has turned into a devil.” The top court, therefore, allowed the plea of a survivor, who belongs to a scheduled caste, and set aside the bail order of the Patna High Court passed on January 18, 2024.
“We may like to note that the allegations attributed to respondent 2 shook the conscience of the court. Respondent 2 being posted as the officer in-charge of the women’s protection home was required to work as a protector of the inmates, but she turned rogue and indulged in sexual exploitation of the helpless and destitute women who had been placed in the said protection home which is an institution created to provide them safety and security,” the order noted.
The FIR in the case was registered after the high court took cognisance of a newspaper report narrating the ordeals of female residents of the protection home.
It also came on record that the investigation was monitored by the high court.
The former superintendent was accused of administering stupefying substances and injections to the survivor and other inmates who were later sexually assaulted by people outside the protection home aside from being subjected to mental torture.
“Grave allegations are attributed to the respondent-accused that she used to send the ladies housed in the protection home, outside for the purpose of providing sexual favours to influential people. The FIR in the instant case came to be based on the intervention of the high court which took cognisance of a newspaper report narrating the ordeals faced by the females kept in the protection home. The investigation was also monitored by the high court,” Justice Mehta, who penned the verdict, said.
The bench observed releasing her on bail was bound to have an adverse effect on trial because there would be an imminent possibility of the witnesses being threatened.
“It is trite that bail once granted should not be cancelled ordinarily, but where the facts are so grave that they shake the conscience of the court, and where the release of the accused on bail would have an adverse impact on the society, the courts are not powerless and are expected to exercise jurisdiction conferred by law to cancel such bail orders so as to subserve the ends of justice,” it said.
In top court’s opinion the present one was “precisely a case of such nature”.
The bail could have been cancelled on the sole ground that the survivor was not made a party to the proceedings in the high court, a pre-requisite if the FIR is lodged under the SC/ST Act, the court added.
The case was stated to be “exceptional” given the high court granted bail in a “cryptic manner”.
The top court directed the accused to surrender before the trial court in four weeks and ordered the Patna administration to ensure proper protection and support to the survivor. PTI SJK SJK AMK AMK
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