Nirbhaya Documentary Ban: HC asks Delhi Police to state legal provisions

The action of Delhi Police banning the documentary on Nirbhaya’s case is now, to be considered by the High Court of Delhi. Delhi Police is required by the Court to submit the records and status of the Case.

It was on 4th day of March, last year, when Delhi Police issued notices to the makers and media for their action to publish the documentary on gang rape case of Nirbhaya. Also as per their contentions, the Delhi Police has registered the FIR under section 509, 504, 505 (1) (b) of IPC and Section 66 A of IT Act. As such, Government thereafter banned the said controversial documentary.

Now, bench of Delhi High Court, headed by Chief Justice, G. Rohini and also comprise of Justice Jayant Nath, requiring the Delhi Police to state the legal provisions under which they have banned the Nirbhaya Documentary.  The submission of case records and status thereof, is required to be submitted along with the affidavit on or before the 21st day of March, this year.

The Documentary on this case, was made by Leslee Udwin, with title ‘India’s Daughter’. And it was noted by the present High Court bench that when the documentary is available on internet still even after the Ban is in force, then what purpose of such ban is. Moreover, notably, the said documentary on Nirbhaya’s case was broadcasted by the leading broadcasting corporation- BBC ( British Broadcasting Corporation ).

However, as shown in the RTI reply received by the petitioner from the Central Government, that it has all the statutory powers to impose prohibitory orders on various grounds including law and order issue. As per the contentions of the petitioner, the documentary was available on internet and have been viewed by many people, thus it is not having any effect of said prohibitory orders, hence such ban should be vacated.

Thus, the bench was hearing the separate Public Interest Litigations- PILs preferred by the Law Students who are seeking the vacating of the said documentary ban as, it was as per their contentions, a look at the mindset of one of the convicted rapists.

Adv. Faim Khalilkhan Pathan