New Delhi: Delhi High Court on Friday set aside anticipatory bail granted to a lawyer accused of raping a woman who had known him for five years, describing the case as a “mockery of justice by both parties”. The court also directed an administrative inquiry into the alleged involvement of two judicial officers in attempting to put pressure on the woman to withdraw her complaint.
Justice Amit Mahajan noted that the case record included numerous transcripts and recordings suggesting attempts by both parties to manipulate the judicial process. “Both parties have made an absolute mockery of justice,” he said. The sessions court had granted bail to the lawyer, noting the prolonged five-year relationship between him and the complainant. The judge also highlighted that the accused’s bank statements showed regular money transfers to the woman, suggesting it was unlikely she was unaware of his marital status despite their long-standing contact and her visits to his home during her internship. The court had also noted police findings that she had demanded and received cash from him. However, the HC reversed this relief after the woman alleged that the lawyer had threatened her to retract the allegations and had used two judiciary officers to put pressure on her. “The circumstances brought forth in the present proceedings are so overwhelming that they have shocked the conscience of this court and the same reflect that there is apparent interference with the administration of justice,” Justice Mahajan observed. HC acknowledged there is “nothing wrong” in the trial court’s order but said it “cannot be a mute spectator to the evidence in the nature of audio recordings which indicate that a sum of Rs 30 lakhs was attempted to be paid to the woman.” Regarding claims of extortion made by the accused, the court said there was prima facie evidence that the woman had received some money and made demands. However, it added that it could not yet determine whether she was coerced into accepting payment or if the case itself was motivated by extortion. The court observed that the evidence indicated the 51-year-old accused had “flagrantly disregarded the principles of justice” by attempting to involve a judicial officer in a monetary settlement rather than reporting the matter properly. In her complaint, the 27-year-old woman alleged that she met the accused through a friend and went to his house for a party, where he raped her and later promised to marry her since he was a widower. She alleged that the man continued to establish physical relations and she got pregnant in May this year. The woman alleged that the accused maintained cordial relationships with certain judicial officers and that they attempted to contact and influence her. The HC, while ordering an inquiry against the two judges – one of whom was suspended earlier this year by the full court – noted that conversations revealed that he was involved in the attempt by the lawyer to influence the woman to dilute her case in exchange for cash. It, however, said the second judge’s conversation “does not appear to reflect any explicit attempt at influencing the prosecutrix by way of monetary considerations.” The court gave the accused one week to surrender to the trial court, noting that he had remained on bail for over three months.
