Kathua Rape Case: Delhi High Court Directs Registrar General To Transfer Fine Paid By News Organisations To J&K Legal Service Authority

The Delhi High Court has directed its Registrar General to deposit the amount paid by news organisations as fine for disclosing the Kathua rape victim's name, with the Victim Compensation Fund maintained by Jammu & Kashmir State Legal Services Authority for disbursement of the same to the victims or family of deceased victims of sexual violence.

The high court in 2018 had taken suo motu note of the media reportage of the rape case and noticed that the name of the victim was widely reported by the journalists. The manner in which the incident was reported in contrary to Section 23 of the POCSO Act as well as Section 228A, said the court in its latest order.

"The manner of reporting of the incident is also against the public justice," said the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. 

In April 2018, notices had been issued to 16 media houses. They had been directed by the court to deposit a sum of Rs 10 Lakh each with the J&K State Legal Services Authority. Later, more media houses were included in the array of parties for payment of compensation.

When the matter was listed on February 18 in 2020, the court was told that Al Jazeera was yet to deposit the amount. The counsel representing the Qatar-based news group earlier this week told the court that it was not served the notice earlier. The counsel also submitted that a Demand Draft of Rs 10 Lakh is ready and prayed for time to deposit it with the Registrar General.

Closing the suo motu proceedings since all the media houses have complied with the directions issued earlier, the court said, "The Registrar General of this Court is directed to transmit the amounts so deposited by Respondents No 8, 28 and other Respondents in the present case, if any such amount is still lying with the Court, to the Victim Compensation Fund maintained by the Jammu & Kashmir State Legal Services Authority for disbursement of funds to the victims/families of the deceased victims of sexual violence".

Title: COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS

Citation: 2023 LiveLaw (Del) 154