HC show cause notice to newspapers

Excelsior Correspondent
SRINAGAR, May 17: The State High Court today took serious note of disclosing the name and identity of a toddler who had recently been allegedly raped and in this connection Court has issued show cause notice to various newspapers for violating the rules and regulations and directed the social media to immediately remove all such posts and material from their sites.
The Division Bench of Chief Justice Gita Mittal and Justice Tashi Rabstan has been informed by the amicus curie through a report setting out the details of the print and electronic media wherein the incident of alleged sexual violence against a toddler has been reported.
Report revealed that newspapers-Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq, Daily Ilhaaq – have disclosed the identity and name of the victim in their recent publications.
Amicus in her report has also given the details of the photos/screenshots taken from the electronic media displaying pictures of the child victim (some even fake) on the You Tube and circulated on Twitter, Facebook.
DB directed the Registry to issue notice without process fee to the Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq and Urdu daily Ilhaaq to show cause as to why action be not taken against them for the violations of Section 23 of POCSO Act committed by them by or before May 28.
Division Bench has also directed the Information Department to place before the court a report regarding the measures taken in terms of Section 44 of J&K POCSO.
You Tube, Facebook and Twitter have been directed to forthwith to remove all materials/posts/publications which tend to disclose the identity and name of the infant victim of the sexual violence in the incident in district Bandipora and to ensure that no such material is uploaded on their channels.
Court also issued the direction to the Member Secretary, J&K State Legal Services Authority to place before Court an action plan and proper guidelines/protocol to ensure linkage between the police stations and the offices of the Legal Services Authority in order to address the Supply of information regarding any case of sexual violence immediately by the police authorities to the Legal Services Authorities. “This information can be transmitted using SMSs, Whatsapp, e-mail or telephones”, read the directions.
The Legal Services Authority has also been directed to ensure legal aid to a victim right from the beginning i.e., from the stage of lodging of complaint and registration of the case; medical examination; recording of statement; throughout the trial and till the end of the case.
“The Legal Services Authority shall ensure that proper medical treatment was also administered to the victim. Release of compensation under the Victim of Compensation Scheme at the earliest, preferably within 24 hours of an incident of sexual violence being reported”, read the direction.
Meantime, Advocate Shafaqat Nazir has sought leave to appear in the matter. He submitted that he has been instructed by the father of the victim to appear in the matter and Vakalatnama which has been provided is taken on record. He has been permitted by the court to appear in the matter.
In terms of previous order, Inspector General of Police, Kashmir has submitted his report in a sealed cover. The sealed cover has been opened and the report has been taken on record. “The Inspector General of Police, Kashmir shall ensure that the investigation in the matter is conducted strictly in accordance with law”, court directed.
Status report from the IGP Kashmir also suggested that the age determination of the accused is also underway. “The same shall be also strictly comport to the requirement of Jammu and Kashmir Juvenile Justice (Care & Protection of Children) Act, 2013 and the Rules framed there under”, court said.
A second report on behalf of Principal Secretary to Government, Health and Medical Education Department has been handed over to the Court and the said report has also been taken on record.
The Principal Secretary to Government, Health and Medical Education Department has informed that the victim was initially medically examined by a Medical Officer posted at Community Health Centre, Sumbal. She was then referred to SKIMS Medical College Bemina, Srinagar.
The victim was then examined and a series of investigations conducted at SKIMS and that reports whereof stand handed over to the police. Certain articles, which were seized, were also handed over to the police for further investigation.
Court has been informed that the victim was given proper medical treatment that she was in a stable condition and provided with psychiatric counselling as well.

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