A Look At The Recent “Gems” Of Judicial Pronouncements

The past few days have been nothing short of remarkable in terms of judicial pronouncements. From shielding an accused fraudster to redefining sexual assault and handling corruption allegations, the Indian judiciary has once again provided us with a fascinating set of orders. Here’s a closer look at three such “gems” of court orders from the past few days.

Supreme Court’s Relentless Protection Of Puja Khedkar

On 18 March 2025, the Supreme Court once again extended interim protection from arrest to Puja Khedkar, a former IAS probationary officer accused of fabricating OBC and PwD certificates to secure a seat in the prestigious civil services examination. Despite the Delhi police insisting on custodial interrogation to unearth a larger scam, the court refused, questioning the need for custody when regular interrogation could suffice.

This is not the first time Khedkar has been shielded by the judiciary. Despite allegations of a larger scam involving fake documents, the court questioned the need for custodial interrogation, stating, “She is not the kingpin who is issuing certificates.”

Khedkar’s case has been marred by controversy since her selection was canceled by the UPSC in 2023. She was accused of misrepresenting information, changing her name, and exploiting disability quotas to gain extra attempts at the exam. Additionally, she faced allegations of misusing her position during her probationary posting in Pune, including making unreasonable demands and harassing officials. She was permanently banned by the UPSC from future exams after her fraudulent actions were exposed, and she was transferred from her position in Pune for abusing power. Yet, the court continues to entertain her pleas and shield her from law enforcement.

Allahabad High Court’s Redefinition Of Attempt To Rape

In a shocking ruling, the Allahabad High Court recently modified charges against two accused in a sexual assault case involving an 11-year-old girl. The accused were initially charged with attempted rape under Section 376 of the Indian Penal Code (IPC) and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act. However, the court ruled that their actions—grabbing the victim’s breasts, breaking her pyjama string, and attempting to drag her beneath a culvert—did not constitute an attempt to rape.

Instead, the court described the act as “aggravated sexual assault” and directed that the accused be tried under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act. The court emphasized that for an attempt to rape charge, the prosecution must prove that the accused had gone “beyond the stage of preparation.”

This novel interpretation ignores the sheer brutality of the act and instead creates an artificial distinction between intent and execution. The accused will now face less severe charges, sending a troubling message about the legal threshold for attempted rape.

Supreme Court Collegium Initiates ‘Transfer’ Of Delhi HC Judge After Cash Recovery

In yet another display of judicial excellence, the Supreme Court collegium decided to ‘transfer’ Delhi High Court judge Justice Yashwant Varma to the Allahabad High Court after a significant amount of cash was reportedly recovered from his official residence. While details of the case remain under wraps, the decision has drawn attention to the judiciary’s internal mechanisms for addressing allegations of misconduct.

These three cases highlight a troubling pattern in judicial orders. Fraudsters like Puja Khedkar continue to receive protection, sexual assault laws are interpreted in ways that minimize the severity of crimes, and corruption allegations against judges are dealt with through quiet transfers instead of direct accountability.

If these are the legal precedents shaping our judiciary, one wonders what lies ahead for justice in India.

The “gems” of these court orders serve as a reminder that the judiciary’s decisions have far-reaching implications, not just for the individuals involved, but for society as a whole.

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