High Court quashes case against Outlook

Hyderabad: In a setback to Smita Sabharwal, the High Court at Hyderabad Thursday quashed the criminal case filed against Outlook magazine by her husband and IPS officer Akun Sabharwal.

Justice J Siva Sankara Rao observed that “the continuation of criminal proceedings would be nothing but abuse of process and hence liable to be quashed to subserve the interests of justice”.

Outlook magazine in its issue in June 2015 had carried a small item under its 'Deep Throat' column where sexist remarks were made against the young IAS officer posted as Special Secretary in the Chief Minister's Office. Smita Sabharwal sent a legal notice to the magazine demanding an unconditional apology.

Later, cases were registered against Outlook editor and others under IPC Section 509 (word, gesture or act intended to insult the modesty of a woman), Section 67 of IT Act and Section 3 read with 6 of the Indecent Representation of Women (Prohibition Act) 1986 by the Central Crime Station, Hyderabad on the basis of the complaint given by her husband Akun Sabharwal.

The High Court in its order today quashed these criminal proceedings. The judge questioned the maintainability of Akun Sabharwal's report to the police by asking how he can step into the shoes of his wife without any power of attorney for locus standi. He also observed that without waiting for a day after sending the legal notice, criminal proceedings were initiated.

Citing Khushboo case judgment delivered by Supreme Court, Justice Siva Sankara Rao said that the court has to assess from the changing conditions of the society to arrive at a conclusion whether the act or the publication is obscene or not. While quashing the criminal proceedings, the judge however noted that this would be without prejudice to any other available rights of the victim Smita Sabharwal pursuant to her notice.