The Jharkhand High Court refused to quash charges against Member Legislative Assembly (MLA) Jamtara and minister Dr Irfan Ansari in a case accusing him of circulating the name, address and photograph of a minor rape victim to the media.
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RANCHI: The Jharkhand High Court declined to quash charges against Jamtara Member of Legislative Assembly (MLA) and minister, Dr. Irfan Ansari, in a case accusing him of revealing the identity of a minor rape victim to the media.
The court rejected Ansari’s petition challenging the charges framed by a trial court in 2022 under several legal provisions, including Section 228-A of the Indian Penal Code (IPC), Section 74(1)(3) of the Juvenile Justice Act, 2015, and Section 23 of the Protection of Children from Sexual Offences (POCSO) Act.
These provisions strictly prohibit the disclosure of the identity of minor victims of sexual offenses.
Justice Arun Kumar Rai, while considering Ansari’s plea, reaffirmed that disclosing a minor victim’s name, photograph, or any information leading to their identification is a criminal offense, regardless of the medium used, be it print, electronic, or social media.
“The disclosure of a victim’s name or any facts which can lead to the victim being identified, in any form (print, electronic, social media, etc) is strictly prohibited and is an offence,”
-the judge emphasized.
The case stems from an incident in 2018 when Ansari, along with his supporters, visited a hospital where a four-year-old rape victim was admitted to show sympathy towards her and her family. Ansari allegedly took photographs and details of the child and later circulated them, along with a press note, through social media. Specifically, the victim’s name and photograph were shared in a WhatsApp news group named “Nala News.”
The court discussed the application of Sections 23 of the POCSO Act and 74(1)(3) of the Juvenile Justice Act, which prohibit the media from disclosing the identities of child victims or children in conflict with the law. The court extended the definition of ‘media’ to include WhatsApp news groups, stating:
“As far as Section 23 of POCSO Act, 2012 and Section 74 (1) (3) of Juvenile Justice Act, 2015 are concerned, the ingredients of both the sections with the above stated facts and discussion, clearly show that prima facie WhatsApp news group in the name of ‘Nala News’ in which message regarding identity of victim and her photograph were sent, would come within the domain of ‘any form of media’ & ‘audio-visual media’.”
Interestingly, while the police had only filed a chargesheet against Ansari’s secretary, who had forwarded the messages and photographs from the MLA’s phone, the trial court took cognizance of Ansari’s role as well.
Ansari argued that his secretary was responsible for the act, as it was he who had sent the messages using Ansari’s phone. However, the prosecution maintained that since the mobile phone and number belonged to Ansari, he too was liable.
After reviewing the arguments, the High Court concluded that a prima facie case existed against Ansari under Section 228-A of IPC, as it was undisputed that the victim’s details were circulated on social media, including a WhatsApp group. While Ansari’s secretary admitted to sending the messages, the court observed that at this stage, “criminal liability cannot and should not be transferred” without a trial to properly evaluate the facts.
The court ultimately decided that a trial was necessary to thoroughly examine the matter, refusing to interfere with the charges framed against Ansari.
Consequently, Ansari will face trial for allegedly disclosing the identity of the minor rape victim, a violation of Indian laws designed to protect vulnerable victims of sexual offenses.
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