Who is Justice Ram Manohar Narayan Mishra? SC Condemns His ‘Insensitive’ Ruling on Attempt to Rape

The Supreme Court has severely indicted controversial judgment by Justice Ram Manohar Narayan Mishra on March 17 on the definition of attempting to rape, terming it “insensitive” and “inhuman”. Not only did the apex court stay the ruling, but the Chief Justice of the Allahabad High Court has also been directed to take adequate action against him.

The judgment had ruled that actions like cupping breasts or snapping the string of a pyjama were not tantamount to attempts at rape, a ruling that had outraged the entire country and was put under legal scanner.

Supreme Court Condemns the Judgment

A bench of Justices B.R. Gavai and Augustine George Masih strongly indicted Justice Mishra’s reasoning as a flagrant disregard of judicial norms. “It’s very serious and exhibits complete lack of sensitivity on the part of the judge… We are sorry to use such harsh words against a constitutional court judge, but this is one of those cases,” the bench noted.

The Supreme Court pointed out that the judgment was not a hasty order but was delivered four months after being reserved in November 2023, showing careful consideration by the judge.

“We take strong exception to paragraphs 21, 22, and 26 of the judgment, which depict a total lack of sensitivity on the part of the author of the judgment. It is also not that the judgment was delivered on the spur of the moment—it was reserved in November and delivered four months later. It is thus clear that the judge applied his mind and authored this judgment,” the court explained.

The case landed in the Supreme Court after ‘We the Women of India,’ a rights group, moved the top court against the high court ruling.

What Was the Decison of Justice Ram Manohar Narayan Mishra?

Ram Manohar Narayan Mishra delivered the verdict while granting the accused’s criminal revision appeal. The high court had first ordered the trial of the accused under Section 354-B of the IPC (assault or criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).

The case goes as far back as November 10, 2021, when an 11-year-old girl was home on a motorcycle by the accused. Her father, trusting them, let her go. But on their way, the three accused stopped and sexually assaulted her.

The accused, the prosecution alleged, touched her breasts, tore the string of her pyjamas, and tried to push her under a culvert in Uttar Pradesh’s Kasganj. They ran away when onlookers came between them, leaving the girl behind.

Despite these allegations, Justice Mishra decided that the incident “hardly constitute an offence of attempt to rape.”

“The allegations levelled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation,” said the judgment.

The judge also rationalized his position, contending that the accused did not take further steps that would have established an intent to rape.

Justice Ram Manohar Narayan Mishra: Background and Career

Justice Mishra has been a part of the judiciary for a long time. He acquired a law degree in 1985 and a post-graduation in 1987. He entered the Uttar Pradesh Judicial Service as a Munsif in 1990 and subsequently got promoted to the higher judicial service in 2005.

Over the years, he served as district and sessions judge in Baghpat and Aligarh, held key positions such as director of the Judicial Training and Research Institute (JTRI), and later served as district and sessions judge, Lucknow.

He was elevated to the Allahabad High Court as an additional judge on August 15, 2022, and was sworn in as a permanent judge on September 25, 2023.

Public Outrage and Legal Ramifications

The Supreme Court’s intervention highlights growing concerns over judicial sensitivity in sexual assault cases. Legal experts and activists have called for stricter judicial accountability, ensuring judgments align with established legal precedents and victims’ rights.

As the drama plays out, all eyes are fixed on the Allahabad High Court’s reaction to the Supreme Court’s order for Justice Mishra. The case is a powerful reminder of the judiciary’s task of ensuring justice, particularly in women and children’s crimes.