Kaushal Kishor
v.
State Of Uttar Pradesh & Others
(Supreme Court Of India)
Writ Petition (Criminal) No. 113 Of 2016 | 07-12-2016
2. Mr. Kisley Pandey, learned counsel for the petitioner has taken note of the same. Needless to say, the present order is passed in the special facts and circumstances of the case. The other directions issued in the previous order shall remain undisturbed.
3. In pursuance of our earlier order, the respondent no.2 has filed an affidavit in Court. It is submitted by Mr. Rohatgi, learned Attorney General for India, who was requested to assist the Court, and Mr. Fali S. Nariman, learned amicus curiae that the affidavit does not meet the requirement of the order dated 17.11.2016 and it cannot be treated as an unconditional apology.
4. At this juncture, Mr. Kapil Sibal, learned senior counsel appearing for the respondent no.2 submitted that the affidavit may be ignored and he will file a fresh affidavit regard being had to paragraph 2 of the order dated 17.11.2012. The affidavit filed today by the respondent no.2 is ignored and the respondent no.2 shall file the requisite affidavit in terms of the order. Be it noted, Mr. Kapil Sibal, learned senior counsel submitted that instead of the word apology, the respondent no.2 intends to use the word remorse. Whether the same would be accepted or not shall be debated on the next date.
Let the matter be listed on 15.12.2016.
Advocates List
For the Petitioner Fali S. Nariman. Sr. Advocate (AC), Kislay Pandey, Ankur Gogia, Rishi Kapur, Manju Jetley, Advocates. For the Respondents Mukul Rohatgi, AG, Maninder Singh, ASG, R. Balasubramonium, Prakash Gautama, Mukesh Kumar Maroria, Madhavi Divan, Nidha Khanna, Kapil Sibal, Sr. Advocate, Wasim Q. Qadri, Nizam Pasha, Jubair Ahmad Khan, Zaid Ali, Tamim Qadri, Mudasir Nabi, Lakshmi Raman Singh, Ravi Prakash Mehrotra, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE AMITAVA ROY
Eq Citation
(2017) 1 SCC CRI 728
(2017) 2 SCC 369
LQ/SC/2016/1563
HeadNote
A. Constitution of India — Arts. 14, 15, 21, 32 and Preamble — Right to education — Right to education as fundamental right — Right to education of victim of sexual assault — AG submitted that victim shall be given admission in Kendriya Vidyalaya in academic session 2017-2018 — Other directions issued in previous order to remain undisturbed (Para 1) B. Constitution of India — Arts. 14, 15, 21, 32 and Preamble — Right to education as fundamental right — Right to education of victim of sexual assault — AG submitted that victim shall be given admission in Kendriya Vidyalaya in academic session 2017-2018 — Other directions issued in previous order to remain undisturbed (Para 2) C. Constitution of India — Arts. 14, 15, 21, 32 and Preamble — Right to education as fundamental right — Right to education of victim of sexual assault — AG submitted that victim shall be given admission in Kendriya Vidyalaya in academic session 2017-2018 — Other directions issued in previous order to remain undisturbed
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