The Supreme Court, on 27 April, stayed the trial in the Kathua gangrape and murder case till 7 May, after it was seized with petitions seeking shifting of the trial to Chandigarh and handing over the investigation to the CBI.
A bench of Chief Justice Dipak Misra and Justices DY Chandrachud and Indu Malhotra said it will deal with the prayer of the victim's father for shifting of trial to Chandigarh and plea of the accused seeking handing over the probe to CBI.
The bench posted the matter for further hearing on 7 May.
The child from a minority nomadic community had disappeared from near her home in a village near Kathua in Jammu region on 10 January. Her body was found in the same area a week later.
The apex court had yesterday, in a stern warning, said it would transfer the Kathua gangrape and murder case from the local court in Jammu and Kashmir in the "slightest possibility" of lack of fair trial, saying the "real concern" was to hold proper prosecution. The eight-year-old's father had moved the apex court earlier, apprehending threat to the family, a friend and their lawyer Rajawat.
A separate plea was also filed by two accused seeking that the trial in the case be held in Jammu and the probe handed over to the CBI. The state police's Crime Branch, which probed the case, filed the main chargesheet against seven persons and a separate charg sheet against a juvenile in a court in Kathua district last week. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.
Delhi HC Issues Notice To Google, Facebook, Twitter And YouTube For Revealing Kathua Victim’s Name
The names or photographs of a sexual abuse victim should not be revealed as such actions have long term "detrimental consequences", the Delhi High Court said on 27 April.
The bench made the remark when a media house expressed reservation in paying the Rs 10 lakh compensation as ordered by the court, claiming it had revealed the identity of the victim to "arouse public sentiments and sympathy".
Strongly disagreeing with the stand of the media house, the bench said, "The long term consequences of revealing a victim's identity are drastic and detrimental to the victim and her family. We do not need photographs of the victim for people to be sympathetic. As a result of revealing the identity of the victim, her whole family is ostracised and suffers."
The court directed the media house to make the payment within 10 days from today, saying it cannot be put on a "special pedestal" when others have agreed to pay the compensation.
The court also said that under the provisions of the Information Technology Act, even intermediaries like social media platforms Google, Facebook and Yahoo could be held liable for penal action for display and circulation of photos and name of the victim by others.
It issued notice to several social media platforms, including Google and Facebook, and sought their replies by the next date of hearing.
Meanwhile, several other media houses filed affidavits indicating they have complied with the court's 18 April order.
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