Sakina Tashrifwala
Published on: September 5, 2022 at 19:28 IST
The Madras High Court restrained all print and electronic media from publishing and broadcasting any details on the victims, family members, witnesses or materials relevant to the deposition of the victims.
“The print and electronic media thrive on the pulse of the people and the news which they take to its citizens at the earliest point of time, determines their place and rating in the league, but that cannot be the basis to play with the lives and liberties of the citizens and equally with the justice delivery system, which is the ultimate saviour of the common man.”, remarked by the Bench of Justice Dhandapani.
The court further added that transgression of any kind would lead to severe consequences and the aforesaid should be communicated to the Press Council of India and the State Press Council for circulation.
The court also added that publishing the personal details or any other particulars, which may have an effect of leading to the disclosure of the identity of the rape victims during pre or post trial, may have an intimidating effect on the victim and lead the felon to walk free.
A petition was filed during the trial of the 2019 rape case to prohibit the disclosure of details of rape/sexual violence victims. It also requested that harsh actions take action would be taken against “Nakhreen Magazine” for uncovering the identity and photograph of the rape victim.
The High Court further opined that the said publication gave a verbatim version of the deposition, which violated the spirit of order of the court and interfered with the system of justice.
The court also observed that “The mark that it has made in the minds of the public as also the victims and the witnesses cannot be erased by this Court merely by ordering seizure of the publications as by now the damage has already been caused by the publication of the news, which, this Court, had felt, that the Press, in its wisdom, would not publish.
But the wisdom of the weekly magazine ‘Nakkheeran’ is writ large in the publication made by it. Therefore, no useful purpose would be served in granting any relief insofar as the third limb of the prayer is concerned.”
Pertaining to this, the court Suo motu impleaded “Nakkeeran Publications” and its editor, Nakheeran Gopal, as party to the proceedings; and also restrained media from disclosing information related to sexual violence victims.