Delhi Court Stays Publication Of Book On Asaram Bapu's Rape Case On Plea By Co-Convict [Read Order]

Appearing for Sanchita in the court, Advocate Vijay Aggarwal argued that the contents of the book were at variance with the trial record and that the same are likely to interfere with her appeal pending before the High Court of Rajasthan, which has already suspended her sentence. The counsel argued that an appeal is nothing but a continuation of the trial and when the sentence had been suspended, Sanchita was entitled to a presumption of innocence. Aggarwal also argued that it was completely possible that the High Court of Rajasthan could order a reexamination of witnesses or even a retrial and in such a circumstance, the publication of the book in its present form could not be allowed. Aggarwal also contended that publication of the book claiming to be the true story would prejudice Sanchita and run counter to her rights under Article 21 of the Constitution of India. Aggarwal cited numerous precedents where Courts had restrained publication of books and movies to protect the rights of an accused person including those whose appeals were pending before courts.

After hearing substantial arguments, the Court restrained the publication of the book until further orders.

"I am of the considered view that plaintiff's reputation is at stake and her reputation would suffer irreperable harm, if the ex-parte injunction is not granted particularly when the book is going to be published on 05.09.2020. Therefore, the defendants are restrained from publishing the said book titled as "'Gunning for the Godman: The True Story Behind Asaram Bapu's Conviction", till the next date of hearing", ordered Additional District Judge R L Meena.

In terms of the Order, Harper Collins, Amazon, and Flipkart have been restrained from publishing and selling the Book till September 30.

Click here to download the order

Read Order