The order for in-camera hearing of the gangrape and murder case of girl in a bus and banning media from reporting its proceedings was today upheld by a Delhi Court, which said the magistrate’s direction was “sacrosanct”.
Dismissing a plea challenging the order of Metropolitan Magistrate Namrita Aggarwal, District Judge R K Gauba said the magistrate was “duty bound” to pass such an order.
It is “mandatory” under the law to hold proceedings in camera and restrain media from printing and publishing the happenings inside the courtroom on rape and related offences, he said.
“The magistrate was within her rights, rather dutybound, to apply provisions contained in section 327 (2) and (3) (in-camera trial of rape cases) CrPC to the proceedings before her.
“The fact that large crowd entered into her courtroom leaving no space even for the accused persons to be brought in only added to circumstances leading to the impugned order being passed,” Gauba said.
“I do not find any error, impropriety or illegality in the impugned order. Therefore, the revision petition is devoid of substance and is dismissed,” he added.
The order was passed on an application moved by advocates D K Mishra and Poonam Kaushik seeking setting aside of the January 7 order of the magistrate for in-camera hearing, alleging that the court room was crowded because of the presence of large number of policemen.
—PTI