Delhi gangrape: Court upholds media ban

On January 7, a magistrate had restrained the media from reporting and publishing the proceedings of the case in the court

PTI | January 9, 2013



A Delhi court on Wednesday upheld a magisterial court order for in-camera proceedings in the case of December 16 gangrape of 23-year-old girl and restraining media from reporting it.

District and Sessions Judge R K Gauba said there was nothing "illegal" or "improper" in the January 7 order of the magistrate.

"The Metropolitan Magistrate was not only within her rights, rather duty-bound to apply the provisions of section 327 (2) (conducting in-camera proceedings in cases of rape and related offences) of the CrPC to the proceedings of the case," the judge said.

"The fact that a large crowd had entered her court room leaving no space for even the undertrial prisoners to be brought in only added to the circumstances leading to passing of the order," the judge said.

On January 7, a magistrate had restrained the media from reporting and publishing the proceedings of the case in the court noting that the courtroom was jam-packed with members of the bar and general public who were unconnected with the case and not prepared to leave it due to which the accused could not be produced before her.

The sessions court said as per section 327(2) CrPC, it is mandatory for the presiding officer to hold the proceedings in-camera in cases of rape and related offences.

Noting that the arguments of the petitioner advocates that the case is still at the stage of committal and not trial, the judge observed, "Eventually the trial court would also be required to regulate proceedings in terms of section 327 of the CrPC."

During the arguments, Public Prosecutor Rajiv Mohan opposed the plea saying the relief sought in the petition is against the provisions of the CrPC and hence it is liable to be dismissed with cost.

The magistrate's order was challenged by advocates D K Mishra and Poonam Kaushik, seeking setting aside of the decision for in-camera hearing and had alleged that the court room was crowded because of the presence of large number of policemen.

In their application moved on behalf of "the concerned lawyers and the citizens of the country," the advocates had said, "Passing the order, the metropolitan magistrate has cast a number of apprehensions and allegations on lawyers and mediapersons assembled there, being the representatives of nation who have been hurt.

"The whole nation is interested in knowing the proceedings of the case. In-camera trial cannot be done at the stage of pre-trial. It could have been done after case is committed to sessions court."

The police had earlier filed an application for in-camera proceedings in the case before the magistrate under section 327 (2) and (3) of the CrPC.

Delhi police had also issued an advisory on January 5, saying the proceedings in the case cannot be reported as the court has already taken cognisance of the charge sheet.

The magisterial court on January 5 had taken cognisance of the charge sheet against the five adult accused under sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gangrape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 201 (destruction of evidence), 394 (hurting in dacoity), 120-B (conspiracy), 34(common intention) and 412 (dishonestly receiving stolen property) of the IPC.

The case of the sixth accused - a minor - is being heard by a Juvenile Justice Board.

The victim, a paramedical student, was brutally raped and assaulted in a moving bus here on the night of December 16 and died of her injuries on December 29 in multi-speciality Mount Elizabeth Hospital in Singapore.

Comments

 

Other News

IndianOil registers highest ever profit of Rs 19,106 crore

 IndianOil posted a net profit of Rs 19,106 crore for 2016-17 fiscal as compared to a profit of Rs 11,242 crore in the last fiscal. The income from operations for the financial year 2016-17 was Rs 4,45,373 crore as compared to Rs 4,06,828 crore in the previous fiscal. IndianOil`s income from

Maiden flight of HAL’s light utility helicopter

 Hindustan Aeronautics Limited (HAL) carried out first flight of light utility helicopter (LUH)-PT-2 on May 22 at its Bengaluru-based facility. The flight duration was about 22 minutes and pilots reported nil snag, HAL said.   “These maiden flights of indig

The rise and rise of muscular nationalism

 Narendra Modi is like Greek mythology’s King Midas: whatever he touches turns into gold. Most people in this country are left dazzled by his ability to make dramatic announcements with a statuesque flourish.   The past three years of the Modi government have left the

BHEL unveils 270 MW thermal unit in Maharashtra

Bharat Heavy Electricals Limited (BHEL) has added another feather to its cap by successfully commissioning another 270 MW thermal unit at RattanIndia Nasik Power Limited’s 5x270 MW thermal power project at Sinnar (Nasik) in Maharashtra.   This is the fourth unit to be c

India is second largest stainless steel producer in the world: steel minister

Chaudhary Birender Singh, minister for steel, said that the Indian steel industry is at the cusp of a significant milestone by becoming the second largest stainless steel producer in the world, leaving behind Japan. He said that the steel sector is only an example of all-round development in India. The c

Are you satisfied with three years of Modi government?

Are you satisfied with three years of Modi government?



Video

प्रभुनाथ सिंह को हत्याकांड में उम्रकैद की सजा

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter