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In Re: Prajwala Letter Dated 18. 2. 2015 Videos Of Sexual Violence And Recommendations vs. . . . . . . . .

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Part Heard
Order Date:13 Mar 2015
CNR:SCIN010068182015

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26 Feb 2015

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Ð/ 1

ITEM NO.304 COURT NO.9 SECTION PIL W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SUO MOTU W.P.(Crl.)No.3/2015

IN RE: PRAJWALA LETTER DATED 18.2.2015 VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS

Date : 13/03/2015 This petition was called on for hearing today.

CORAM :HON'BLE MR. JUSTICE MADAN B. LOKUR<br>HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s)By Post<br>Ms. Aparna Bhat, Adv.
For Respondent(s)<br>For CBI/MHA/DelhiMr. Maninder Singh, ASG<br>Mr. S.A. Haseeb, Adv.<br>Ms. Gunwant Dara, Adv.<br>Mr. Ajay Sharma, Adv.<br>Mr. R. Balasubramanian, Adv.<br>Mr. Santosh Kumar, Adv.<br>Mr. T.A. Khan, Adv.<br>Mrs. Sushma Suri, Adv.<br>Mr. D.S. Mahra, Adv.<br>Mr. B.V. Balaram Das, Adv.
JharkhandMr. Gopal Prasad, Adv.
Tamil NaduMr. B. Balaji, Adv.<br>Mr. R. Rakeshsharma, Adv.<br>Ms. R. Shase, Adv.
Uttar PradeshMr. Ravi Prakash Mehrotra, Adv.<br>Mr. Vibhu Tiwari, Adv.
West Bengal<br>Signature Not Verified<br>Digitally signed by<br>Sanjay Kumar<br>Date: 2015.03.14Mr. Kabir Shankar Bose, Adv.<br>Mr. Anip Sachthey, Adv.
12:46:16 IST<br>Reason:2

UPON hearing the counsel the Court made the following O R D E R

We have heard Mr. Maninder Singh, learned Additional Solicitor General.

We have requested the learned Additional Solicitor to inform us on the next date of hearing about the steps taken by the Ministry of Home Affairs between 10th February, 2015 when the email giving information about the culprits and the DVD and pen drive along with a detailed letter was given to the Ministry of Home Affairs by Prajwala and when they were handed over to the CBI along with a covering letter on 5th March, 2015. We would like to know why it took such a long time for the Ministry to react to the information supplied by the petitioner.

We have been told by learned Additional Solicitor General that after receipt of the DVD and the pen drive by the CBI, it was sent to the Forensic Science Laboratory to check the authenticity of the recording. A report has been received from the Forensic Science Laboratory and now a request has been made to give clear pictures of the culprits involved in the crime. It is stated that as soon as clear pictures of the culprits 3

are made available, they will be shared with the Director General of Police in Uttar Pradesh, Odisha and West Bengal (and other States if necessary) for publication so that whoever has any information about the culprits can pass it on to the CBI or the concerned authorities for the purpose of their identification. Similar steps will also be taken with regard to the Commissioner of Police in Delhi.

We would expect the Director General of Police in Uttar Pradesh, Odisha and West Bengal as also the Commissioner of Police in Delhi to cooperate and coordinate efforts with the CBI.

Publication may be made in such of the States where the CBI expects the culprits to be found.

In the meanwhile, the CBI should also inform us on the next date of hearing about the progress made to ascertain who uploaded the clips on the internet and the investigative steps taken in this regard. The status report may be filed well before the next date of hearing.

We must express our anguish that in spite of service, there is no appearance on behalf of the State 4 of Odisha despite the fact that the case is of considerable importance. Due to non-appearance on behalf of the State of Odisha, we impose cost of Rs.50,000/- to be paid by the State of Odisha to the petitioner within one week from today.

The vehicle of the General Secretary of the Prajwala was damaged in Hyderabad (Telangana). We are told that the police in Telangana is looking into the matter and that a crime has been registered, but absolutely no particulars are made available to this Court.

Accordingly, in view of the fact that the police authorities in Telangana are also taking the matter very casually, we impose cost of Rs.25,000/- to be paid by the State of Telangana to the petitioner within one week from today.

We have been told by learned Additional Solicitor General that the CBI has already registered eight regular cases and one preliminary enquiry and investigations are in progress.

List the matter on 20th March, 2015. 5

(SANJAY KUMAR-I) (JASWINDER KAUR) COURT MASTER COURT MASTER

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