Release 2 social workers on bail, order remanding them to custody 'totally impermissible', says SC

The order by which these two social workers were sent to custody was "totally impermissible", said a bench headed by Justice Arun Mishra and directed they be released on personal bond of Rs 10,000 each. Petitioners -- Kalyani Badola and Tanvi Nair -- were sent to judicial custody in a case lodged against them for alleged offences under the Contempt of Courts Act and under various sections of Indian Penal Code, including 228 (intentional insult or interruption to public servant sitting in judicial proceeding).

The Supreme Court Tuesday ordered "forthwith" release of two social workers who were sent to jail in a case lodged against them when they were accompanying an alleged gang rape victim at a court in Bihar's Araria district for recording of her statement before a magistrate. The order by which these two social workers were sent to custody was "totally impermissible", said a bench headed by Justice Arun Mishra and directed they be released on personal bond of Rs 10,000 each.

Petitioners -- Kalyani Badola and Tanvi Nair -- were sent to judicial custody in a case lodged against them for alleged offences under the Contempt of Courts Act and under various sections of Indian Penal Code, including 228 (intentional insult or interruption to public servant sitting in judicial proceeding). The bench, also comprising Justices B R Gavai and Krishna Murari, also issued notices to Bihar government and others seeking their responses on the plea filed by Badola and Nair who have sought bail and also a direction to the concerned authorities not to take any coercive action against them in the case lodged in Araria.

"Issue notice. Until further orders, we direct the release of the petitioners (Badola and Nair) on bail on furnishing personal bond for a sum of Rs 10,000 each, forthwith, to the satisfaction of the concerned authorities," the bench said in its order. According to the petitioners, a 22-year-old woman, who was illiterate and used to work as cook at their residences, was gang raped on July 6 and after the incident she had called one of them for help.

The plea said that on July 10, the woman was summoned for the purposes of recording of her statement before a magistrate and she had requested the petitioners, who were working with a Araria-based NGO, to accompany her to the court. It said when the statement was being read over to her, the woman expressed some concerns and requested that the petitioners be allowed to come in and read out the statement to her. "The magistrate unfortunately mistook this as a criticism of the court, refusing to listen to any explanation he remanded all three persons to police custody," the plea said, adding that they had at no point "meant or displayed any disrespect to the court".

It said that on July 17, the woman was granted bail by the court but the bail plea of the petitioners was rejected. The plea said that courts in Bihar are not able to function due to the COVID-19 pandemic and their plea against the July 17 order is pending before a sessions court.

The plea has alleged that the "FIR on the basis of which the three persons were arrested and sent to jail is without jurisdiction or authority of law". "It is respectfully submitted that their continued incarceration and curtailment of personal liberty is untenable in law and facts and without judicious application of mind," it said, adding that the petitioners are "completely innocent" and offences alleged against them are not made out.

It claimed that the "allegation of uncalled behaviour, threatening the presiding officer and demanding re-recording of the statement of the survivor is completely false and baseless"..

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