The fast-track court that will try the Delhi gang-rape case has ordered that in-camera proceedings and gag orders restraining the media from publishing any matter relating to the court proceedings, which came into effect on January 9 by a magisterial court order, will continue.
Additional Sessions Judge Yogesh Khanna will also start hearing arguments from January 24 on a day-to-day basis.
“The trial shall, henceforth, be held by me in camera. All persons unconnected with the case are directed to clear the courtroom and ensure safe passage to the accused persons. It shall not be lawful for any person to publish or print any matter relating to the proceedings of this case except with the prior permission of this court. Such an order is even otherwise, necessary, considering the sensitivity of the matter; to conceal the identity of victim, to ensure safety of the complainant and the accused, to ensure a fair trial and also for the smooth functioning of the court,” Mr. Khanna said in his order on Monday.
An application seeking open-court proceedings in the case found support from advocate V.K. Anand, counsel representing main accused bus driver Ram Singh. Mr. Anand referred to a 1966 Supreme Court judgment, stating that trials should be open to the public and there should be no restraint on reporting court proceedings. However, the cited judgment allowed closed-door proceedings in “rare and exceptional” cases.
Mr. Khanna referred to the 1983 amendment in the Criminal Procedure Code which introduced provisions for in-camera proceedings in rape cases (Sub-Section 327(2) Cr.PC) and for restraining media from reporting rape cases (Sub-Section 327(3) Cr.PC) while stating that courts were “duty bound” to apply the provisions of these two sub-sections.
Keywords: Delhi gang-rape, crime against women, Delhi fast track court, , Delhi protests, student protests
We feel pity since India doesn't have an enviable reputation for
dispensing quick justice and most of the victims in rape cases do not
want to go through the rigmarole of procedure, never-ending
investigations and sanity-defying questions that promise very little
comfort. Hence India will be a safe haven for the prospective rapists .
This should be an eye opener how ever the trial proceeds.
But the bottom line is how ever culprits gets punished here,
similar incidents are not going to stop. Media already reported
several such incidents since Dec-16.
I think there is something in all of our blood, which makes us to
utilize the extra bit of freedom or privacy we get in our adolescent
ages. Let that be sticking chewing gum on chair, let that be pelting
stone at street light. When people are in group, they tend to break
the barrier lill bit, which create such bad situations.
I think what should also happen is, we all needs to be responsible
for generations to come and also consider their emotional and mental
growth along with physical. They need to learn how to be a better
social animal along with education. We cannot compromise one for
other.
Gag order makes no sense. Public interest is very high in this case. Justice must also be "seen to be done". The Court could easily have installed video system so that media and others can view the trial from outside without disturbing the Court proceedings. There is no need for secrecy here. Barring the high level of public interest in this case, this is like any other criminal proceeding in open court. The quest for secrecy here seems ill-conceived.
India's legal system is bent upon saving the criminals.
Is there any restriction in publishing the pictures of accused in the english dailies - is my question. Let them do what they want behind those fortified walls of the court - but they should at least publish the pictures of these accused. What is holding up this - is a cause of great worry to any ordinary citizen.
In camera trial is a definite necessity. Are the accused lodged separately or collectively in one place? It would be prudent to take leaf out of US'style of handling Iraq leaders where Saddam Hussain and 11 others were housed separately, did not have an opportunity to meet except during the trial. Saddam and his men did not have acess to time ( No clock in their cell) and were provided with only books that were thousand years old. Needless to mention they were cutoff from happenings around the globe, no opportunity to speak and over a period of time will not know date and day. This will have an effect on the accused and help in trial becoming easier and faster,.
This incidence has created a fear among women, which I think is a very unfortunate and
serious thing. The court should consider this fact and a speedy trial resulting into the
harshest punishment possible for those animals (they can not be called as humans after
committing such a crime), will if not remove that fear, will at least ensure that a person will
think before committing such a crime. The fear should be in the mind of the culprits not the
innocent people and hope our judiciary will understand the gravity of the situation and will
ensure that the correct judgement without taking much time is made.
I think this barring media from printing the court proceedings will set
a wrong precedent. I honestly do not understand what merits of the gag
order in this public case.
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