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Conduct enquiry strictly in accordance with law, HC to IGP

KT NEWS SERVICE. Dated: 5/18/2019 8:56:55 AM

Social sites asked to remove all material disclosing victim’s identity

JAMMU, May 17 (JNF): A Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan, while considering the report of Inspector General of Police, Friday directed him (IGP)) to ensure that the investigation in the matter “is conducted strictly in accordance with law.”
A day before yesterday, High Court had taken suo moto cognizance regarding minor rape case.
The Division Bench, after considering the report, observed, “Status report from the IGP Kashmir suggests that the age determination of the accused is also underway. The same shall be also strictly in compliance with the requirement of Jammu and Kashmir Juvenile Justice (Care & Protection of Children) Act, 2013 and the Rules framed there under.”
The High Court further observed that in the status report filed by Principal Secretary, he informed that the victim was initially medically examined on May 8, 2019 by Dr Ghazala, Medical Officer posted at Community Health Centre, Sumbal. Thereafter she referred her to SKIMS Medical College Bemina, Srinagar. The victim was then examined and a series of investigations conducted at SKIMS and that reports whereof stand handed over to the police authorities. “Certain articles, which were seized, were also handed over to the police for further investigation. It is further informed that the victim was given proper medical treatment that she was in a stable condition and provided with psychiatric counselling as well,” the court noted.
The Division Bench further observed, “Pursuant to our order dated May 15, 2019, Farah Bashir, amicus curiae has filed a report today i.e., May 17, 2019 setting out the details of the print and electronic media reports wherein the incident of alleged sexual violence of three year old minor girl child have been reported. In para 8 at page 7 of her report, Farah Bashir has enumerated the publications which appear to have effected disclosure of the identity and name of the victim and also has given the details of the following photos/screenshots taken from the electronic media displaying pictures of the child victim (some even fake) on the You Tube and circulated on Twitter, Facebook.”
The High Court Division Bench after going through the judgment of Supreme Court observed, “Intermediaries in Sec 2(1) (w) of the Information and Technology Act 2000, the permissibility for this court to fasten liability for violations of Section 23 of J&K POCSO Act against intermediaries and service providers would have to be examined.”
The Division Bench directed You Tube, Facebook and Twitter to remove all materials/posts/publications which tend to disclose the identity and name of the infant victim of the sexual violence in the incident on May 8, 2019 in district Bandipora and to ensure that “no such material is uploaded on their channels.”
“During the course of hearing Farah Bashir, amicus curiae also draws our attention to Section 44 of the POCSO Act of 2018 which casts a duty upon the state government to give wide publicity through media including television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act,” the court noted.
In this connection, the Division Bench directed, “The copy of all the reports, which have been filed by Farah Bashir, amicus curiae as well as B. A. Dar, Senior AAG be provided to Shafaqat Nazir, counsel for the petitioner.”
The Division Bench also directed registry to “issue court notice without process fee to the Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq & Urdu daily Ilhaaq to show cause as to why action be not taken against them for the violations of Section 23 of POCSO Act committed by them as noted above returnable on May 28, 2019.”
It also directed Information Department of J&K to place before it the report regarding the measures taken in terms of Section 44 of J&K POCSO. The Division Bench further observed, “Earlier this Court directed Member Secretary, J&K State Legal Services Authority to place before this court an action plan and proper guidelines/protocol to ensure linkage between the police stations and the offices of the Legal Services Authority in order to address the supply of information regarding any case of sexual violence immediately by the police authorities to the legal services authorities. This information can be transmitted using SMSs, Whatsapp, e-mail or telephones. The Legal Services Authority shall ensure legal aid to a victim right from the beginning i.e., from the stage of lodging of complaint and registration of the case; medical examination; recording of statement; throughout the trial and till the end of the case, The Legal Services Authority shall ensure that proper medical treatment was also administered to the victim and Release of compensation under the Victim of Compensation Scheme at the earliest, preferably within 24 hours of an incident of sexual violence being reported.”
Member SALSA was directed to file this report within 10 days.