Summary
In a complainant's appeal against a non-speaking High Court order staying criminal proceedings against persons accused of branding a woman a witch, assaulting and disrobing her, the Supreme Court, though the quashing petition had since been withdrawn, deprecated mechanical grants of stay, stressed the heightened duty of investigators and courts in offences against dignity, and directed the trial to proceed day to day.
Issues
- Whether the High Court could stay criminal proceedings against the accused by a non-speaking order without examining whether a prima facie case for stay was made out.
- What responsibility investigating and adjudicating authorities bear in offences that infringe a person's dignity, particularly witchcraft-related violence against women.
- What directions should issue for the trial once the petition seeking quashing of cognizance had been withdrawn.
Provisions considered
- Article 21, Constitution of IndiaRight to life includes the right to live with dignity, which forms part of the basic structure; the public accusation of witchcraft, assault and disrobing of the victims was held to be at the forefront of Article 21 violations, and the State has a duty to protect dignity. (¶¶ 1, 2, 16, 17)
- Article 51A(e) and (h), Constitution of IndiaQuoted to stress every citizen's duty to renounce practices derogatory to the dignity of women and to develop scientific temper; witchcraft accusations rest on superstition contrary to that temper. (¶¶ 18, 22)
- Article 51(c), Constitution of IndiaRelied on for the State's obligation to foster respect for international law, including ICCPR, CEDAW and UDHR obligations to protect dignity and prevent discrimination against women, and the UN Human Rights Council resolution on witchcraft-related harmful practices. (¶¶ 19, 24, 25)
- Section 156(3), Code of Criminal Procedure, 1973The complainant had to approach the Magistrate under this provision because the police would not register the FIR; the Court cited this as an instance of the authorities failing in their heightened duty. (¶¶ 4, 12)
Held
- A court must not stay criminal proceedings mechanically; it must weigh the circumstances for and against and decide whether a prima facie case for stay is made out and whether refusal would prejudice the party. The presumption of innocence does not justify halting the process by an unreasoned order. (¶ 10)
- In offences that infringe the dignity of a person, investigating and adjudicating authorities bear a greater responsibility than usual: they must show sensitivity to the issues and social context, treat time as of the essence, and keep the balance of justice between accused and victim. (¶ 11)
- The Court noted with concern that the police had refused to register the FIR and that the chargesheet, without giving reasons, sent up only one accused against whom no direct allegation was made while the Magistrate, on the same material, took cognizance against all accused. (¶ 12)
- The State's decision whether to litigate should reflect its duty to uphold the rule of law and justice for all, not only benefit to the exchequer; the Court expressed surprise that the State had not challenged the stay order. (¶¶ 13, 14)
- Witchcraft accusations, rooted in superstition and patriarchy and mostly directed at widowed or elderly women, are a practice to be shunned; public disrobing of a woman has a humiliating effect on her psychology comparable to that described for sexual offences. (¶¶ 21, 22, 23)
- Although the impugned order was rendered ineffective by withdrawal of the quashing petition, given the gravity of the allegations the Court issued directions for expeditious trial, clarifying that its comments reflect only the heinousness of the alleged crimes and cast no shadow of guilt on the accused. (¶¶ 8, 26, 27)
Result
Appeal disposed of. Matter placed before the District Court to proceed in accordance with law; trial to proceed day to day; accused to appear before the trial court on 15.01.2025; trial to proceed uninfluenced by the Court's observations, which cast no shadow of guilt on the accused.