Supreme Court: The Bench comprising of Madan B. Lokur and Deepak Gupta, JJ., while delivering an order in concerning the extremely disturbing “Bihar Shelter Home Rape case” highlighted few significant pointers to be noted by the CBI in their investigation along with the removal of blanket ban on media in regard to the reporting of the case.
The Bench on considering the status report filed by CBI in the Patna High Court, placed down a few pointers which needed to be looked upon carefully, which were as follows:
- Mr Brajesh Kumar Thakur who is the in charge of Sewa Sankalp Evam Vikas Samiti is a very influential person and that is the reason people in the neighborhood are scared to complain against him. CBI needs to look into the antecedents, connections, and influence of the person concerned.
- Sewa Sankalp Evam Vikas Samiti has received for about 4.5 Crores from the State of Bihar over a period of ten years for their activities. It is necessary that the IT department should look into the income and assets of Mr Brajesh Thakur and indeed of the NGO.
- The next pointer to the list was that the Status report states the transfer of some girls by the Social Welfare Department from the Shelter Home. The transfer indicates that the Social Welfare Department was aware of the unsavoury activities in the Shelter Home and that may have been the reason for the transfer of the victims. Therefore, in this regard, CBI should seize the record of the said department and further carry out the investigation. Court asked the State of Bihar to file an affidavit stating the reason for the transfer of those girls.
Further, the Court while removing the blanket ban order passed by the Patna High Court in regard to the media reporting stated that “Entire issue needs to be balanced and looked at in the broader view of the criminal justice and freedom of the press.” Therefore, the Court asked for the assistance of Press Council of India, News Broadcasting Standards Authority, Editors Guild and the Indian Broadcasting Federation.
Concluding the order, the bench stated that in the interest of all the victims of sexual abuse and violence, we restrain the electronic media from telecasting or broadcasting the images of the victims in morphed or blurred form also the victims should not be interviewed. The matter is listed for 04-10-2018. [Nivedita Jha v. State of Bihar, 2018 SCC OnLine SC 1616, order dated 20-09-2018]
