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

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Modi inaugurates, lays foundation stone of Pune Metro projects

Prime minister Narendra Modi inaugurated and laid the foundation stone for Pune Metro projects worth around ₹21,800 crore on Tuesday through video conferencing. Addressing the gathering on the occasion, the PM extended warm Diwali greetings to the people of Pune and Maharashtra and remarked that f

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter