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HC refuses to lift ban on December 16 documentary

The High Court declined interim relief on the request made by three law students to lift the ban on airing of the documentary.

By: Press Trust of India Written by Aneesha Mathur | New Delhi |
Updated: April 16, 2015 3:18:11 am
BBC-Docu Opposing the request, government’s standing counsel Monika Arora said the petitions should be dismissed by imposing cost on the petitioners. (Source: Express archives)

The Centre on Wednesday justified the ban on the broadcast of the documentary on the December 16 gangrape case by saying it “appeared to encourage and incite violence against women, thus compromising their public safety”.

The statement was made in an affidavit filed by the Ministry of Information and Broadcasting through advocate Monika Arora before the Delhi High Court bench of Chief Justice G Rohini and Justice R S Endlaw in response to two PILs seeking lifting of the ban.

Taking note of the submissions, the court once again declined to issue any interim relief and lift the ban on the airing of the documentary. “It is not a matter for interim relief. So we cannot grant the same at this stage. We have called for the original record, which has been produced before this court by the ministry concerned. We will go through it and then take up the matter,” the bench said and listed the matter for further hearing on May 27.


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Three law students have filed two separate PILs seeking lifting of the ban on the documentary India’s Daughter on grounds that it is “a look at the mindset of one of the convicted rapists”.

Meanwhile, a separate plea has been filed by one of the convicts in the case, who had been interviewed for the documentary, to stop its broadcast on YouTube and TV.

Advocate M L Sharma, appearing for Mukesh before a different High Court bench, argued that the appeal of the convicts, who were given death penalty by the High Court, was presently pending before the Supreme Court.

“The contents of the documentary should not be used in any judicial proceedings against the convicts,” Sharma, who has alleged Mukesh was “forced” and “tortured” into making the controversial statements in the documentary, said.

The plea further states that Mukesh was “compelled” to “speak written script of the film as per their choice declaring that this is a film and is nothing to do with his trial”.

The court, however, declined to give an urgent hearing to the plea.


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