Madras HC recalls controversial mediation order

Chennai: Citing a Supreme Court ruling, Madras High Court Justice P. Devadass has recalled his June 18 order directing a rapist to go in for mediation with the victim while deciding on his bail application.

In his order on Friday, Justice Devadass said in view of the judgment of the apex court in the State of Madhya Pradesh vs Madanlal on July 1, the June 18 order of the Madras High Court directing the parties to go for mediation was recalled.


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“Consequently, the interim bail granted to the petitioner is cancelled,” the judge said.

The apex court had held that there could be no mediation or compromise in rape cases in the name of promising marriage between the victim and the rapist.

On June 18, while deciding on the bail petition from the accused V. Mohan and seeking to suspend his sentence, Justice Devadass directed the parties Mohan and his rape victim to go for mediation.

“The Officer-in-Charge, Mediation Centre attached to this court shall stop the parties from attending the mediation. The Registrar (Judicial) of this court shall ensure compliance of this order,” the Madras High Court order has said.

The counsel for Mohan – the petitioner – submitted that the accused would surrender before the trial court on July 13.

The June 18 order of mediation by the high court resulted in sharp reactions across the country with activists terming it as demeaning the victim.

The rape victim has opposed to the mediation as the accused had not visited her even once and denied the girl child born after the rape as his. It was the DNA test that proved the child was fathered by Mohan.

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