A Supreme Court judge today recused himself from hearing a plea seeking stay of anticipatory bail granted to secretary of Calcutta High Court Bar Association in an alleged rape case filed by an advocate.
"Being on the administrative side in the high court, I had received some complaints regarding the case. When a judge is in knowhow of something, it is not appropriate for him to hear the matter. List the matter before some other bench," Justice Arun Kumar Mishra said.
The bench also comprising Justice V Gopala Gowda, was hearing a plea filed by the advocate challenging the Calcutta High Court order of granting anticipatory bail to the secretary of Bar Association there in the rape case.
The woman lawyer in her plea filed through advocate Arup Banerjee had said she enrolled as an advocate in 2011 and later came into acquaintance with the secretary of the Calcutta High Court Bar Association.
She alleged the accused took her on legal trips to different towns and raped her over the period of time on the promise of marriage.
"The said division bench knowing fully well that the accused person is the secretary, Bar Association Calcutta High Court, an influential person, did not go into the merit of the case, instead, the whole impugned order dated December 18, 2015, reflects that accused is a practicing advocate and for that his custodial interrogation is not necessary," the plea said.
It further said that "The said division bench did not touch the point of 376 (rape) of IPC with its merit and left it by making observation that it is a debatable one whereas the said bench did not clarify the nature of debate in the impugned order..."
The plea also said that the high court had not looked into the evidences like CD which makes out the offence under section 376 of IPC against the accused.
The lawyer sought grant of ex-parte, ad-interim stay of operation of the order of anticipatory bail as it will cause irreparable loss and prejudice to her.
