The Supreme Court on Thursday accepted an “unconditional apology” tendered by controversial Uttar Pradesh Minister Azam Khan for his remark in the sensational Bulandshahr gang rape case, saying he has expressed “sincere and heartful remorse.”
“Respondent No 2 [Azam Khan] has given an unconditional apology and has expressed his sincere and heartful remorse,” the Bench comprising Justices Dipak Misra and Amitava Roy said after the senior Samajwadi Party leader filed a fresh affidavit tendering an apology following objections raised by the Attorney General to his earlier one.
The Bench, which accepted Mr. Khan’s new affidavit, made it clear that no further arguments on behalf of the Minister would be entertained further in the matter.
Hearing put off to February 8
However, it said that the questions framed by it earlier regarding the Freedom of Speech and Expression and probable impact of statements of those holding high offices on free and fair probe in heinous cases, including rape and molestation, were required to be debated, and posted the matter for hearing on February 8.
The Bench noted in its order that eminent jurist Fali S. Nariman, who has been appointed as amicus curie for assisting the court in the matter, has fairly said that the affidavit furnished by Mr. Khan should be accepted.
Senior advocate Kapil Sibal, who was appearing for Mr. Khan, told the Bench that as the questions framed by the court were constitutionally significant, he would like to assist the court.
To this, Attorney General Mukul Rohatgi and Mr. Nariman agreed, saying it would be desirable if Mr. Sibal put forth his points in respect to the questions framed by the court earlier.
Earlier apology was vague
On December 7, the apex court observed that the apology tendered by the U.P. Minister earlier for his remark does not appear to be “unconditional.”
The observation came after the Attorney General objected to certain words like “if” and “then” used by Mr. Khan in his affidavit tendering apology as per the November 17 directions of the apex court.
Mr. Sibal said the Samajwadi Party leader would file a fresh affidavit.
At the fag end of the hearing, Mr. Sibal said that his client intended to say remorse instead of apology.
The brutal incident happened on the night of July 29, when a group of highway robbers stopped the car of a Noida based family and sexually assaulted a woman and her daughter after dragging them out of the vehicle at gun-point.
The apex court, on August 29, took note of the remarks of Mr. Khan that the gang rape case was a “political conspiracy.”
On November 17, the court directed Mr. Khan to tender an “unconditional apology” for his remarks in the matter while seeking the assistance of the Attorney General in dealing with the issue of statements made by persons holding public office in such cases.
Mr. Sibal had said that though Mr. Khan had not said anything attributed to him against the victims in the case, he was willing to apologise if the husband/father of the victims felt “insulted or offended” in any manner.
The court said it would deliberate upon the questions framed by it earlier regarding the freedom of speech and expression and probable impact of statements of those holding high offices on free and fair probe in heinous cases, including rape and molestation.
Initially, the FIR was lodged by the Uttar Pradesh Police under various provisions on July 30. The CBI re-registered the case on August 18 in pursuance to the Allahabad High Court’s interim order.
The man, whose wife and daughter were gangraped in July on a highway in Bulandshahr, on August 13 moved the apex court seeking transfer of the case to Delhi, besides lodging of an FIR against Mr. Khan as well as several policemen.
The Allahabad High Court had ordered a CBI probe into the incident, besides deciding to monitor the investigation.
