On Tuesday, the Apex Court granted interim bail to 2 social activists, who were sent to jail by a Magistrate Court for allegedly disrupting proceedings in the Araria gangrape case.
A bench headed by Justice Arun Mishra, while granting interim bail to Tanmay Nivedita & Kalyani Badola, members of non-profit organisation Jan Jagran Shakti Sangathan, also issued notice to the Govt of Bihar.
The bench observed that it is a "totally impermissible" order by which they were sent to jail.
In their plea before the Supreme Court, the duo contended that they have been in custody since July 10, 2020, & was sent into custody while providing support to a gangrape survivor when she was explaining her traumatised situation to the Judicial Magistrate.
The plea stated that "The gang rape survivor in her anguished state had expressed uncertainty & anxiety which was misunderstood by the magistrate & he expressed anger & took offence at the victim & the Petitioners/ support persons during proceedings under Section 164 Code of Criminal Procedure".
It said that the 2 have now suffered incarceration for over 20 days, & who are without redress since hearings in all courts have been suspended in Bihar, including hearing in urgent matters, in the face of a severe outbreak of the COVID-19 pandemic.
The petitioners have no criminal antecedents & are persons with deep roots in society, it submitted.
A 22-year-old gangrape survivor & her two primary caregivers were arrested last month after Araria magistrate found them in contempt for allegedly breaking into a verbal argument with the magistrate while recording the victim's statement.
The Magistrate Court had later granted Bail to the survivor, however, the Bail pleas of the 2 caregivers were rejected. The 2 had approached the Supreme Court thereafter.
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