Supreme Court order comes on plea of Delhi Police
The Supreme Court on Friday stayed the Delhi High Court order allowing the plea of one of the accused in the December 16, 2012 gang rape case to use as evidence a CD containing the interview of the victim’s male friend.
A Bench of Chief Justice Altamas Kabir and Justices Anil R Dave and Ms. Ranjana Desai stayed the March 7 order after the Delhi Police submitted that the TV interview was inadmissible as evidence and issued notice to the accused.
Solicitor-General Mohan Parasaran appeared for the Delhi government.
The High Court had allowed the contention of accused Ram Singh, who allegedly committed suicide in the Tihar jail, and his brother Mukesh and set aside the trial court order by which they were not allowed to exhibit as evidence the CD of the interview telecast on January 4.
Mukesh, Pawan Gupta, Vinay Sharma and Akshay Singh are facing trial. The sixth accused, declared as a juvenile, is facing trial before the Juvenile Justice Board.
In its appeal, the Delhi government said that by the impugned order the High Court had allowed the interview to be used as a previous statement though the said interview was recorded after the statement of the complainant (an eyewitness to the crime) was recorded under Section 164 Cr.PC., investigation concluded and a charge sheet was filed.
It said the High Court had erred in not noticing the dangers of allowing media interviews as evidence in a criminal trial, especially when such interviews were taken after the filing of the charge sheet. Such a practice would have a direct effect on the administration of the criminal justice system as it would lead to an erosion of the sanctity of the judicial trial and would result in causing undue interference in criminal justice process.