Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. The HC has also directed the electronic and print media not to "sensationalize" the issue.

A bench of Justice Anil Kumar Upman passed this order (staying coercive actions against the accused-JM) on a petition moved by the Rajasthan Judicial Service Officers Association.

The Court also issued notices the state government, Secretary of the Union Ministry of Information and Broadcasting, State Chief Secretary, Home Secretary, DGP, SP Karauli and the victim seeking their response. The matter has been listed for further hearing on May 27.

Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident and submitted that the issue was being covered on electronic media as well as print media in a very sensational manner, which is tarnishing the image of the judiciary in the eyes of common people.

Taking into account the content of such articles, the Court emphasised that it cannot shut its eyes towards the fact that the alleged incident is being reported in media nationwide and the judiciary's image is at stake.

"The investigation is going on in the matter and several legal aspects are yet to be dealt with, Thus, without making any comments/ observations on the freedom of press or media, this Court is of the considered opinion that there should be a reasonable check on covering of the instant case in media," the Court further remarked as it directed the media to not cover the case in a sensational manner till the pendency of the writ pendency as the same would "tarnish and malign image of judiciary among the people."

The matter came to light last month when the alleged rape survivor filed a complaint on March 30 alleging that the concerned Judicial Magistrate had “asked her to strip in order to see her injuries.” The survivor refused to strip and after recording a statement in the court, she registered a complaint against the said magistrate.

Following her complaint, an FIR was lodged against the Judicial Magistrate concerned under Sections 354(A) and 354(B) IPC and Sections 3(1)(w), 3(2)(va) and 3(2)(vii) of SC/ST (Prevention of Atrocities) Act.