Court orders restraint on broadcast of December 16 rape documentary, FIR filed

The parents of the December 16, 2012 gangrape victim also reacted angrily to the remarks made by the convict.

By: Express News Service | New Delhi | Updated: March 4, 2015 8:43 am
Rape, December 6 gangrape Protestors hold candle light vigil in New Delhi.

Delhi Police on Tuesday obtained a restraining order from a court against the broadcast of a documentary film, which features an interview of December 16 rapist Mukesh Singh. An FIR against unknown persons was also registered in the matter on Tuesday night, a day after excerpts of the interview were made public.

The restraining order said, “British filmmaker Leslee Udwin from BBC interviewed Mukesh Singh… in which he had made offensive and derogatory remarks against women creating an atmosphere of fear and tension with the possibility of public outcry and law and order situation. …The court has passed order prohibiting the publication/transmission of the interview till further orders.”

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Earlier in the day, Home Minister Rajnath Singh called for a detailed report from the prison chief, taking strong exception to the fact that the interview of Mukesh Singh was shot inside Tihar Jail by British filmmaker Leslee Udwin. According to sources, treating it as a “serious’’ issue, Singh spoke to Tihar Jail director-general Alok Kumar Verma and told him to urgently submit a report. Sources said Verma briefed the minister about the issue and the action taken so far.

Read Also: My film on December 16 gangrape has nothing sensational, says British filmmaker Leslee Udwin

Meanwhile, the Information & Broadcasting Ministry stepped into the controversy over ‘India’s Daughter’ late on Tuesday, issuing an advisory to all news channels asking them to not run the documentary that contains this interview.

Commissioner of Police B S Bassi said, “We have moved the competent court for issuance of a restraint order against the broadcast and publication of the content (interviews) in the documentary film. It contains offensive content which should not be broadcast in the interest of maintaining public order.”
Bassi said Delhi Police have registered an FIR under sections of the IPC pertaining to breach of peace, insult the modesty of a woman and sections of the IT Act. “We will now analyse the excerpts of the interview and book the ones responsible,” Bassi said.

According to sources, the sections of insult to the modesty of a woman were invoked based on the statements made by Mukesh Singh, justifying the act of rape. Sources said his name may be included in the FIR after the initial investigation is complete.

Academy award-winning filmmaker Udwin interviewed accused Mukesh Singh for her documentary film ‘India’s Daughter’ produced by Assassin Films and scheduled to be screened on March 8 (International Women’s Day) by the BBC. The hour-long film is based on extensive interviews of the victim’s parents, the convicts and their families and lawyers.

Tihar officials had on Monday said they had sent a legal notice to the filmmaker in 2014 about non-compliance with a few clauses of the permission granted to them. Tihar jail PRO Mukesh Prasad said, “We had sent the BBC a legal notice last year. But we got no reply.”

But a BBC spokesperson said, “To date, the BBC has no record of such a notice being served. Assassin Films, the production company that made India’s Daughter has assured the BBC that it fully complied with the filming permissions granted by Tihar Jail. We are confident the film fully complies with our editorial guidelines.”

At a press conference in Delhi on Tuesday, Udwin said, “We complied with all the rules set out by Tihar regarding the shooting of the documentary. I wrote a letter to the then DG of Tihar, Vimla Mehra, for permission to interview one of the accused Mukesh Singh in May, 2013. We were given permission by Tihar jail authorities and the Ministry of Home Affairs around two weeks later. Then I interviewed Mukesh Singh in October, 2013.”

She further explained, “According to the permission granted to us, we were supposed to show all unedited raw footage of the interview to Tihar Jail authorities. After I conducted a 16-hour long interview of Mukesh, I submitted it for viewing to a three-member panel of Tihar Jail officials. They said it was too long to watch and instead asked for an edited shorter version of the footage. I submitted the edited version which was cleared. I have all the documents and the permission letters granting me access to Mukesh Singh.”

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First Published on: March 4, 2015 2:49 am
  1. F
    flybouy
    Mar 4, 2015 at 1:49 am
    Why is the govt so defensive. She is only highlighting the evil that lurks in the minds of some people and hopefully give the others a wake up call. About time we addressed these issues and expose this atude. By refusing to talk about it will never solve these issues.
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      raj
      Mar 4, 2015 at 9:03 am
      Aren't we the most pathetic set of folks in this world? Absolutely no courage to face the facts, if this doentary comes out, it will show to the world the extreme prejudice meted out to females in India. this show is not only of the rapists but also has comments from politicians that echo the same thought process the rapist has. The govt is worried that it would expose the great cultural values that is practiced in this country and we would be a laughing stock . People won't allow anything to be confronted, it is like the ostrich , keep the head under the sand and say I don't see anything.
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      1. L
        liebuster
        Mar 4, 2015 at 2:46 am
        Why did govt ministry give permission to the outrageous docu in the first place. I&b n home. Another U turn
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          Anup
          Mar 4, 2015 at 10:22 am
          The courts seem just as misguided as the majority of the male potion of this country!
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          1. B
            Blanche
            Mar 4, 2015 at 4:30 am
            That anyone from anywhere would talk to a rapist and put his ideas out there for the world to see is appalling. I am sure no one cares about his thoughts or his rationalisation. He was s to be a part of what happened, and he is still s to try to justify rape.
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            1. E
              EM
              Mar 6, 2015 at 10:35 am
              In a news story on another website, Commissioner of Police B S Bi threatens to go after everyone who has uploaded a copy of the doentary to social media because it is against a court order. If only he used his awesome resources to, oh I don't know, stop rapes in progress or even general violence towards women, Delhi would be a much nicer place.
              Reply
              1. H
                Hiral Patel
                Mar 4, 2015 at 11:01 am
                સલમાન ખાને સાસણમાં સીદી બાદશાહોના નૃત્ય પર ડાન્સ કર્યો
                Reply
                1. H
                  Hiral Patel
                  Mar 4, 2015 at 11:01 am
                  આજે “આપ”ની કારોબારીની બેઠક, અરવિંદ કેજરીવાલ સામેલ નહીં થાય!
                  Reply
                  1. H
                    Hiral Patel
                    Mar 4, 2015 at 11:01 am
                    લો… નિહાળો કોણ વગાડે છે ગિટાર!
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                    1. H
                      Hiral Patel
                      Mar 4, 2015 at 11:01 am
                      વૃંદાવનમાં વિધવા મહિલાઓ રમશે હોળી
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                      1. Z
                        zephyr
                        Mar 4, 2015 at 7:10 am
                        In all this, has anyone seen the comments of the defence lawyers? Disgusting. These guys should be debarred.
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                        1. H
                          HILARY
                          Mar 4, 2015 at 12:04 pm
                          It is a good doentary in the sense that it brings out very clearly the state of mind of the convicts in particular and that of a large number of male potion that often speaks in similar language. The doentary has also been done with the involvement in a positive sense, of the parents of the victim. What is difficult to understand is something outside the doentary. Why is the top court of the country not disposing of the appeal peions of the accused expeditiously. If Maya Khodnani and Jayalalithaa can get hearings at super speed, surely the appeals of the convicts could be disposed of without further delay.
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                            Masood Rezvi
                            Mar 4, 2015 at 10:46 am
                            Good and timely action.
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                              Nikhil Goyal
                              Mar 4, 2015 at 5:31 am
                              Hiding our ugly side is not a way to curb future incidents like this! This govt. Is becoming more and more like dictatorship!
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                              1. P
                                Ph. Andrews
                                Mar 4, 2015 at 1:17 pm
                                The sad thing in this entire affair is that we are slowly on the right path to becoming a banana republic. There are just too many flaws evident here. These are just a few listed here: a) Since when is it necessary for convicts on death row to give their 'consent'? Especially when successive Governments in this country do not give a about your consent or mine when it comes to taking decisions. If this case would have involved the daughter of the Home Minister or one of the top politicians, these criminals would be fluttering at the end of the hangman's rope anyways. b) How can defense lawyers be so ignorant? Their duty as court appointed defense lawyers should be to make sure that the crime committed is clarified and that justice is given in fair measure, especially if it has already been proven that their clients have indeed committed the crime and are already convicted beyond appeal. The judicial licensing authority should debar these lawyers as they seem incapable of understanding what civil and criminal law is all about. This is especially valid when one of them boasts that he would personally 'burn' his child if he found out that they had entertained 'illicit' relations before marriage. Hmmm...all humans are born perfect in this world it seems. c) This was supposed to be a fast track court and the fact that here we are three years down the road still waiting for the court's orders to be carried out. d) Who are the various Government officials and Media houses to take offense to the airing of this doentary when the parents of the victim themselves think it is commendable to air the docu in order to inform other citizens about how terrible a crime like this can be to anyone. e) Why is it that one Media house tries to do good and immediately another pooh-poohs it and denounces the attempt. Do we not have a ministry of Information and Broadcasting that is there to ensure that all reporting should be unbiased and in the general interest of society. It looks like the thirst for TRPs goes way beyond all levels of decency and national unity. It is very unfortunate that journalism in India has taken on a dark yellow shade and in many cases uses FOX of USA as an ideal and hovers more over sensationalism and not over ethical operations. f) Governments of stable countries carry forward decisions and policies of previous Governments, albeit they make course corrections where ever and when ever necessary. Governments in banana republics complain, criticise and blame previous Government decisions with the sole intent of securing their vote banks for future elections, appointments and endorts. Their responsibilities take a back seat... and in all this the main purpose of this doentary is forgotten that there should be no mentality prevalent in our society that declares, that "There is no place for a woman in our society!" as so gly declared by one of the so called 'Defense Lawyers' of these criminals that are so low on the social ladder that even calling them s would be praise. So dear Indian Government, stop all this nonsense, get on with your jobs, perform, give justice long dela and stop being so small chequered and act like the Government that you should be. Do not forget that you represent more that 1/7th of the world's potion and everyone has their eyes on you.
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                                1. R
                                  Rabindra Nath Roy
                                  Mar 4, 2015 at 12:07 am
                                  Kiran Bedi on Prime time Headline today at 9PM said permission to interview the Nirbhaya rapist was taken and she finds nothing wrong in it. She says it is essential to prevent crime to change the mind set of men of whom 40% have the rapist mindset( this was stated by her on NDTV channel on Prime time tonight) her statement is condemnable and outrageous. Kiran Bedi appeared for the first time on media after her defeat as a BJP nominee in last Delhi elections. It is peculiar that while she seeks accountability of Judiciary which she find lacking in it and she places her own idea as to the keeping a close watch on working of the judiciary. I do not know if she knows of Modi Sarkar having ped an Act called NJAC and if that is what will bring the desired accountability? While the case if still pending with the Supreme court , the case was fast tracked, people want to know if this delay and dily dallying with convicting the guilty is also responsible in encouraging crime in this country?
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                                    Raman
                                    Mar 4, 2015 at 9:20 pm
                                    So India's prestige is more important that India's daughters' prestige??
                                    Reply
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                                      Shri Soni
                                      Mar 4, 2015 at 12:48 pm
                                      Apparently the interview was as per the advise of advocate,it is an act of cunning use of fallacy of blaming the victim...
                                      Reply
                                      1. S
                                        Shri Soni
                                        Mar 4, 2015 at 12:51 pm
                                        Hum Bhrishtan Ke Bhrisht Hamare... (a Hindi satire,translated, we belong to the corrupt & vice versa )...
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                                        1. S
                                          Shri Soni
                                          Mar 4, 2015 at 12:57 pm
                                          We are living in an age wherein the thin line between a corporat eny(present context it is BBC) and dis honest organisation is fast disappearing. one example: Rajasthan advocates reportedly ped an official resolution that outside judges need not be posted in the state of Rajasthan (India) nor any judge from outside the Rajasthan be transferred in the india's state of Rajasthan...A sitting Judge of Rajasthan High Court reportedly said that 300 minutes time is accorded to a judge of High Court to hear 300 cases...scribd/doc/254984409/Overburden-Judiciary-Harsh-Reality
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                                            Asvin Shah
                                            Mar 4, 2015 at 11:54 am
                                            read news in english at
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