On Tuesday(9th April), the Rajasthan High Court issued an interim order preventing coercive action against a judicial officer accused of instructing a rape survivor to undress in court to demonstrate her injuries.
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Rajasthan: The Rajasthan High Court on Tuesday(9th April), delivered an interim order mandating that no coercive action should be undertaken against a judicial officer embroiled in serious criminal allegations. This officer has been accused of demanding a rape survivor to undress to demonstrate her injuries in a courtroom scenario.
The presiding justice Anil Kumar Upman, issued this directive while reviewing a criminal writ petition initiated by the Rajasthan Judicial Services Officers Association.
The court’s decree explicitly stated-
“Until the next scheduled hearing, no punitive actions shall be initiated against the accused (the relevant judicial officer) regarding the FIR… filed at Hindon Police Station, Karauli District.”
Further emphasizing the delicate nature of this matter, the High Court issued a warning to the media. It urged restraint and advised against sensationalizing the case in any form of coverage, acknowledging the presence of multiple misleading reports circulating within electronic and print media realms regarding the case.
During its discussion, the Court acknowledged the pivotal role of press freedom, protected under the freedom of speech and expression by Article 19 (1)(a) of the Constitution. This freedom fosters independent journalism and bolsters democracy by facilitating a platform for public discourse. However, the Court also noted the existence of reasonable restrictions under Article 19 (2).
The judiciary contemplated the media’s portrayal of the incident, emphasizing the significance of maintaining the judiciary’s reputation and the potential consequences of uncontrolled reporting.
“As the investigation continues and various legal aspects remain unresolved, the Court refrains from commenting on press freedom or media. Instead, it advocates for reasonable limitations on reporting this case.”
-the Court decreed.
On March 30, an incident occurred involving a rape survivor who was purportedly instructed by Ravindra Kumar, the magistrate at the Hindaun court, to disrobe for an examination of her injuries. Following this, an FIR was lodged against Kumar, charging him under multiple sections of the Indian Penal Code and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act). This FIR is currently being challenged in the High Court by the Rajasthan Judicial Services Officers Association.
The association has contested the validity of the FIR, contending that a case against a judicial officer, allegedly for actions falling within the scope of official duties, should not proceed without explicit permission from the Chief Justice of the High Court. Additionally, it has raised doubts about the relevance of invoking the SC/ST Act in response to the allegations outlined in the FIR.
As the Court mulls over the complexities of the case, it has summoned various stakeholders for further proceedings scheduled for May 27, ensuring in the interim that no coercive measures are taken against the accused judicial officer.
The Rajasthan Judicial Services Officers Association included advocates Deepak Chauhan, Pratush Choudhary, Rajendra Singh, Ashok Choudhary, and Harsh Joshi. The Rajasthan government was represented by Government Advocate-cum-Additional Advocate General GS Rathore, alongside advocates Santosh Singh Shekhawat and Tayab Ali. The Union of India saw representation from Additional Solicitor General RD Rastogi, with advocates Chandra Shekhar Sinha and Devesh Yadav providing their expertise.
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CASE TITLE:
Rajasthan Judicial Services Officers Association v. State of Rajasthan and ors.