‘Is it right to keep matters pending?’ High Court on ‘India’s daughter’

Delhi High Court on Monday wondered whether it was right to keep pending the petitions relating to ban on a controversial documentary on the December 16 gangrape case when the matter was pending before trial court.

"Is it right to keep the matter pending like this? The matter is pending before the trial court. You (petitioner) can bring this issue to the notice of the trial court," a bench of Chief Justice G Rohini and Justice Jayant Nath said.

The bench, after hearing the submissions, reserved its verdict on the petitions filed by three law students seeking lifting of the ban on the BBC documentary 'India's Daughter' on grounds that it was "a look at the mindset of one of the convicted rapists".

The counsel appearing for one of the petitioners told the bench that only on the basis of an FIR, the trial court had passed an order regarding ban on the documentary.

The counsel representing Delhi Government told the bench that video of the documentary was available on the internet and no one's fundamental right was affected due to this.

The court had earlier asked what purpose did the ban on the documentary serve when it was available on internet and had asked the police to submit the legal provisions under which the prohibition was imposed.

The documentary was made by Leslee Udwin and was broadcast by British Broadcasting Corporation (BBC). It was banned by the government after its contents, including the interview of one of the rapists who showed no remorse, triggered outrage.

On the night of December 16, 2012, Ram Singh, Vinay Sharma, Akshay Thakur, Pawan Gupta, Mukesh and a juvenile had gangraped a girl in a bus and beaten up her 28-year-old male friend, who was with her.

While the girl succumbed to her injuries on December 29, 2012 at a Singapore hospital, the victim's friend, suffered grievous hurt in the incident.

The juvenile accused was on August 31, 2013 convicted and sentenced to three years in a reformation home, while four others were handed down death penalty.