Supreme Court hammers Gujarat HC for order against apex court

The two-judge bench of the Supreme Court allowed the rape survivor to undergo termination of her over 27-week pregnancy. File pic/PTI

The Supreme Court on Monday pulled up the Gujarat High Court for issuing an order in a medical termination petition filed by a rape survivor, after the matter had been taken up by the apex court. The 25-year-old survivor had moved the SC after the HC adjourned her plea until August 23.

‘Valuable time gone'

She had approached the HC on August 7, and a medical report was submitted on August 10. The HC took up the matter on August 11, but listed it 12 days later. During a special hearing on Saturday, the SC said "valuable time" has been lost during the pendency of the matter and sought a medical report. Thereafter, the HC suddenly passed an order, rejecting her plea.

A bench of SC Justices B V Nagarathna and Ujjal Bhuyan learned about the HC order during the hearing on Monday, reported Bar and Bench. "No court in India can pass an order like this on a Saturday against a superior court order. Without giving notice to the other side," Justice Nagarathna said. Solicitor General Tushar Mehta, appearing for the Gujarat government, said the Saturday's order was to fix a clerical error. "There was a misunderstanding," he said.

SC allows abortion plea

The bench allowed the survivor to undergo medical termination of her over 27-week pregnancy. "...pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse and is a cause of stress and trauma affecting the physical and mental health of pregnant women. Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not voluntary or mindful," it added.

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