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LATEST NEWS UPDATES | Every Rape Case Should be Tried In-Camera: Police to HC

Every Rape Case Should be Tried In-Camera: Police to HC

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published Published on Mar 1, 2013   modified Modified on Mar 1, 2013
-Outlook

The Delhi Police today opposed the media plea seeking access to the trial in the December 16 gang rape case telling the High Court that the enquiry and trial in every rape case should be held in-camera.

Appearing for the police before Justice Rajiv Shakdher, Special Public Prosecutor Dayan Krishnan countered the claim of petitioners that this case is "exceptional" and the media has an independent right derived from the Constitution.

"The enquiry and also trial in a rape case has to be held in-camera in the interest of justice", he said.

The lawyer also argued the "right to report by the media is not absolute. The media cannot claim as a party in the case and the legal provisions would apply only to either the accused or the victim as they are the necessary parties.

The counsel also questioned the maintainability of the writ petition before this court saying the petitioners should have filed a revision petition challenging the gag order passed by the magistrate as well as sessions court.

Seeking the court to dismiss the plea, the lawyer said "this writ cannot be maintained as the alternative remedy is available which is by way of revision."

Appearing for the petitioners, a group of accredited legal journalists, advocate Meenakshi Lekhi argued the media has a duty to access to all the cases, which is part of democratic system, and a blanket ban order against the media access is a "bad order" in a free society.

The lawyer sought an open trial in the case and submitted reporting of the gangrape case is helping the society and due to wide coverage of the incident, two superior courts of the country have taken suo motu cognisance over the news reporting.

"Police cannot restrain the media from its right to access. On the contrary, it is working against the interest of justice," Lekhi argued.

Referring to certain documents and the TV interview given by the sole witness and male friend of the victim, she submitted that despite the fact that the family members of the victim have disclosed the name and other details of the victim, the media has not come out with her name as of today.

On the plea of either the victim's family members or any of the accused persons, the trial court can pass some order with reasonable restrictions against the media but cannot pass a complete ban order, the lawyer said adding that in this case police have sought the trial court to restrain the media from reporting the case.

After hearing the arguments of both the parties, the court today reserved its order.

A Delhi magistrate had on January 7 ordered in-camera trial in the case following unruly scenes that prevented the accused from being led into the court room.

The high court was hearing a plea filed by legal journalists, saying their "fundamental right of freedom of speech and expression" was being violated.

"The rights as responsible media reporters are being violated," said the plea against the advisory issued by the police to the media.

The plea also said "the role of the police in the case is under suspicion from the day one and passing a gag order (by the trial judge) and advisory of the police will come in the way of a fair trial. The media should be allowed so that the people in the country could get to know what is going on behind the closed doors."

The 23-year-old victim was gangraped in a moving bus in south Delhi on December 16 last. She died in a Singapore hospital on December 29.

Outlook, 28 February, 2013, http://news.outlookindia.com/items.aspx?artid=791156


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