Advocates:
['SHAFQAT NAZIR', 'B A DAR SR AAG', '', 'MUKUL ROHATGI SR ADV', 'PRAG TRIPATHI SR ADV', 'SYED FAISAL QADIRI', 'SALIH PIRZADA', 'TEJAS KARIA', 'FARAH BASHIR AMICUS CURIAE', 'MOKSHA KAZMI', 'SARANSH JAIN', 'HIMANSHU BEOTRA', 'S M AYOUB', 'FARHAT ZIA', 'AJIT WARRIER', 'PAVITSINGH KATOCH', 'VARUN PATHAK', 'NAYANTARA NARAYAN', 'THEJESH RAJENDRAN', 'MALIKHA MEHRA']

Sr. No. 205

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CJ Court

Case: PIL No. 12 of 2019

(through video conference)

Court on its own Motion

…Petitioner(s)/Appellant(s)

Through: Sh. Shafqat Nazir, Advocate.

v/s

Inspector General of Police and ors.

…. Respondent(s)

Through: Sh. B. A. Dar, Sr. AAG.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

ORDER

PANKAJ MITHAL, CJ

1.

Heard Sh. Shafqat Nazir, learned counsel for the petitioner and Sh.

B. A. Dar, Sr. AAG for the respondents.

2.

The court took suo motu action in respect of an incident dated

08.05.2019 of rape of a minor girl in District Bandipora Kashmir which

received widespread publicity in the State.

3.

The Suo motu action was necessitated as the reports appearing in

the media expressed grave apprehension with regard to effective and impartial

investigation and was of the view that attempts would be made to protect the

accused persons and to interfere with the investigation. The other reason for the

suo motu action was disclosure of the identity of the victim by the media in

violation of Section 23 of the Prevention of Children from Sexual Offences

Act, 2012 (for short 8the Act9).

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PIL No.12 of 2019

4.

The court appointed Ms. Farha Bashir, learned advocate as

Amicus Curiae to assist the court.

5.

A report dated 17.05.2019 was filed by the Amicus Curiae.

Another report was filed by IGP, Kashmir and yet another by respondent No.2.

6.

The court on the basis of the report of the Amicus Curiae

expressed concerns regarding the reporting by the newspapers Kasmir

Observer 12.05.2019, Kashmir Vision 14 & 15 of May 2019, Kashmir Glory

14 & 15^th May 2019, Urdu Daily Afaaq 14^th May 2019, Urdu Daily Ilhaaq 14^th

May 2019, all of which disclosed the identity of the victim either through

publication of name in the news item or through picture. Accordingly Registry

was directed to issue show cause notice to the aforesaid newspapers as to why

action be not taken against them for violating Section 23 of the Act. In

pursuance thereof, notices were issued probably in May 2019, replies on behalf

of You Tube, respondent no.3; Twitter International Company; Chief Editor,

Kashmir Observer Newspaper; Chief Editor, Kashmir Vision; Chief Editor,

Kashmir Glory; Daily Ilhaaq Urdu Newspaper stand filed.

7.

Learned counsel for the parties informed that the police has

completed the investigation and has submitted the challan/charge sheet on

25.05.2019 in the Sessions Court, Bandipora. It is further informed by the

learned counsel for the parties that the Sessions Court found the accused as

juvenile and transferred the case on 30.11.2019 to the Juvenile Justice Board.

8.

There is no whisper from any side that the investigations so done

by the police were not fair and impartial and that the matter has not been

pursued against the accused persons in a proper manner.

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PIL No.12 of 2019

9.

Once the investigations have been completed and the charge sheet

has been submitted, apprehensions regarding fair and effective investigation

have come to an end.

10.

The matter regarding disclosure of identity of the victim and the

removal of material/posts/publications which tended to disclose the identity

and the name of the victim of the sexual violence is more or less stand covered

by the directions of the Supreme Court in the case of Shreya Singhal v. U. O.

I. (2015) 5 SCC 1 and as such no further directions from this court in this suo

motu public interest litigation are required. The same would stand governed by

the directions of the Supreme Court and any violation thereof would be dealt

with i