MIB Directs NBSA To Take Appropriate Action Against 'AajTak' Channel For Allegedly Violating HC Order In Hathras Case

Notices were issued after the Central Ministry of Information and Broadcasting asked the authority to take appropriate action against the channel, in view of the complaint filed by activist Saket Gokhale.

Gokhale had written to the Additional Chief Secretary of the UP Government, alleging that despite clear direction of the High Court to maintain confidentiality with regard to investigation of the case, Aaj Tak broadcasted a news report about the ongoing CBI investigation. It is alleged,

"In this report, news channel Aaj Tak purportedly claimed to report on the investigation of the CBI in the Hathras case and about questions asked by the CBI team to the victim's family during the investigation.

May it be noted that this is a brazen violation of the orders of the Hon'ble Allahabad High Court."

Copies of the complaint were also sent to the Central Ministry and CBI, for necessary compliance at their end.

During hearing of the suo moto PIL titled In re: Right To Decent & Dignified Last Rites/ Cremation, a Division Bench of the High Court had asked you investigating agency to maintain complete confidentiality.

"The State administration is directed to ensure the safety and security of the family members of the victim so that no harm is caused to them. It is further provided that the inquiry/investigation which is being carried-on in the matter, either by the S.I.T. or by any other agency such as CBI, be kept in full confidentially and no report or post thereof is leaked out in the public," the Court had ordered.

Thus, Gokhale had urged the Additional Chief Secretary of the UP Government to take cognizance of such "blatant violation" of a judicial order and initiate appropriate action against Aaj Tak for non-compliance.

"May it be noted that, as respondent, it is your responsibility to ensure compliance with the orders of the Hon'ble court," Gokhale said in his Complaint.

The Allahabad High Court had registered a suo moto case in the wake of gang rape of a 19-yr-old woman. The Bench is primarily examining the manner in which her body was cremated by the State authorities at midnight, despite protest by her family members.

The High Court had remarked that "The victim was at least entitled to decent cremation in accordance with her religious customs and rituals which essentially are to be performed by her family."

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The Court had also pulled up ADGP, UP, for disclosing the victim's medical report and commenting that no rape happened as per the report prepared by the Forensic Science Laboratory.

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The Court had asked the ADGP if he was aware of the 2013 amendments to the criminal law, which changed the definition of 'rape'. The Court had also asked him if he was aware that mere absence of semen during a forensic examination, though a factor for consideration, would not by itself be conclusive as to whether rape had been committed or not, if there are other admissible evidence.

The matter is now being investigated by the CBI.

On Monday, the High Court had expressed concern the Uttar Pradesh government not taking any action against District Magistrate Pravin Kumar for fairness of the probe.

Allahabad HC Calls For Status Report From CBI, Asks State About Possibility Of Transferring DM Elsewhere

The matter will now be heard on November 25.

Significantly, a PIL was also filed before the Supreme Court in connection with this case. However, the Bench headed by CJI SA Bobde has asked the Allahabad High Court to monitor the probe.

Hathras Case : Supreme Court Asks Allahabad High Court To Monitor CBI Probe

As regards the plea for transfer of trial outside the State of Uttar Pradesh, the CJI-led bench stated that the question of transfer is left open until the investigation is completed.

Further, it directed that the security to the victim's family and the witnesses shall be provided by the CRPF within a week.