Jahanvi Agarwal
The Rajasthan High Court issued an interim order directing that no coercive actions should be taken against the judicial officer who was recently charged with various criminal offences for allegedly demanding a rape survivor to undress and display her injuries in court.
Justice Anil Kumar Upman issued this order on 9th April 2024, in response to a criminal writ petition filed by the Rajasthan Judicial Services Officers Association challenging the registration of the criminal case against the accused judicial officer.
The Court’s order stated, “Till the next date of hearing, no coercive steps shall be taken against the accused (concerned judicial officer) in connection with FIR … registered at Police Station Hindon, District Karauli.”
Additionally, the Court cautioned the media against sensationalizing the case in their coverage. It acknowledged that there were numerous false or inaccurate reports in electronic and print media concerning the case and urged media outlets to refrain from covering the matter while the writ petition is under consideration.
The Court emphasized the importance of freedom of press or media under Article 19(1)(a) of the Constitution, which encourages independent journalism and democratic expression but also has reasonable restrictions under Article 19(2).
The Court commented on the impact of media coverage on the judiciary’s image, stating, “It is expected from all media houses (electronic as well as print media) that till pendency of the writ petition, they should not cover the case at hand in a sensational manner as it would tarnish and malign the image of judiciary among the people.”
The case pertains to an incident on March 30 when a Dalit gang-rape survivor visited court to record her statement. Allegedly, the Hindaun court Magistrate asked her to remove her clothes to inspect her injuries. An FIR was subsequently filed against the Magistrate under Sections 354A and 354B of the Indian Penal Code and provisions of the SC/ST Act.
The Rajasthan Judicial Services Officers Association challenged the FIR, arguing that no FIR should have been registered against a judicial officer without the High Court Chief Justice’s permission. They also contested the application of the SC/ST Act in this case.
The Court deemed the matter requiring further examination and issued notices to various respondents, including the complainant rape survivor and the DSP at Hindaun. The next hearing is scheduled for May 27, during which no coercive actions will be taken against the accused judicial officer.
Case Name: Rajasthan Judicial Services Officers Association v. State of Rajasthan and Ors.
Bench: Justice Anil Kumar Upman