Rajasthan High Court stays FIR against judge who allegedly asked rape survivor to strip, show injuries

The Rajasthan High Court on Tuesday passed an interim order directing that no coercive steps should be taken against a judicial officer who was recently booked on various criminal charges for allegedly asking a rape survivor to strip and show her injuries in court [Rajasthan Judicial Services Officers Association v. State of Rajasthan and ors.].Justice Anil Kumar Upman passed the order on a criminal writ petition filed by the Rajasthan Judicial Services Officers Association, which has challenged the registration of the criminal case against the accused judicial officer.."Till next date of hearing, no coercive steps shall be taken against the accused (concerned judicial officer) in connection with FIR ... registered at Police Station Hindon, District Karauli," the Court's order said. .The Court also cautioned the media against sensationalising the matter in any coverage of the case. The Court was told that there were several false or inaccurate reports in the electronic and print media regarding the case, while urging the Court to restrain media outlets from covering the matter while the writ petition is pending. .The Court noted that freedom of press or media, which is covered under the freedom of speech and expression under Article 19 (1)(a) of the Constitution, encourages independent journalism and promotes democracy by letting people voice their opinions. The Court added that it, however, does have reasonable restrictions under Article 19 (2).The Court went on to remark that while it is not dealing with the freedom of press in the writ petition before it, it cannot shut its eyes towards the fact that the alleged incident was being reported in national media and that the image of the judiciary was at stake."The investigation is going on in the matter and several legal aspects are yet to be dealt with. Thus, without making any comments/ observations on the freedom of press or media, this Court is of the considered opinion that there should be some reasonable check on covering the instant case in media. Thus, it is expected from all media houses (electronic as well as print media) that till pendency of the writ petition, they should not cover the case at hand in a sensational manner as it would tarnish and malign image of judiciary among the people," the Court proceeded to order..The case at hand concerns an incident that allegedly took place on March 30 when a rape survivor went to record her statement in a case. The survivor alleged that the magistrate of the Hindaun court asked her to remove her clothes to inspect her injuries.An first information report (FIR) was later filed against the concerned Hindaun city judicial magistrate Ravindra Kumar, citing charges under Sections 354A (sexual harassment) and 354B (use of force or assault with intent to disrobe) of the Indian Penal Code and also under provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act)..This has now been challenged before the High Court by the Rajasthan Judicial Services Officers Association.The association has argued that no FIR could have been registered against a judicial officer in respect of anything allegedly done in the discharge of his official duty or in his capacity as a judicial officer without the permission of the High Court's Chief Justice. It added that it is evident that there is no need to invoke the provisions of the SC/ST Act in this case, from a reading of the allegations in the FIR. The association's counsel also contended that the FIR was filed against the accused judicial officer under the influence of a police officer stationed as Deputy Superintendent of Police (DSP) at Hindaun, Karauli district. .The State, meanwhile, questioned whether the association had the locus to file the writ petition at all and argued that such a plea was not maintainable. .The Court opined that the matter required further consideration and issued notice to various respondents, including the rape survivor (who made the complaint) and the DSP at Hindaun. The matter will be heard next on May 27. In the meanwhile, the Court ordered that no coercive steps be taken against the accused judicial officer. .Advocates Deepak Chauhan Pratush Choudhary, Rajendra Singh, Ashok Choudhary and Harsh Joshi represented the Rajasthan Judicial Services Officers Association.Government Advocate-cum-Additional Advocate General GS Rathore represented the Rajasthan government along with advocate Santosh Singh Shekhawat and Tayab Ali. Additional Solicitor General RD Rastogi along with advocates Chandra Shekhar Sinha and Devesh Yadav represented the Union of India.