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Indian government furious at BBC over broadcast of gang-rape documentary

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  • /\/\/\ I read your PM, agree some, disagree some. But yeah, let's give it a rest.
    Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!


    • Nirbhaya film ban to stay | TOI | Apr 15 2015

      TNN | Apr 16, 2015, 03.10AM IST

      NEW DELHI: The Delhi HC on Wednesday refused to lift its ban on the telecast of controversial BBC documentary, India's Daughter, based on the December 16, 2012 gang rape.

      A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw observed that the information and broadcasting ministry has opposed the telecast as it can "encourage violence against women".

      HC decided against lifting the ban after the central government informed it that the film had an interview with one of the convicts and his "chauvinistic and derogatory views" about women.

      Posting the case for next hearing on May 27, the bench said no interim order is required at this stage.

      Earlier, the high court had refused to lift the ban and asked the trial court to submit the records and advisory issued on March 3 by the government while hearing two PILs for revocation of the ban. The ministry of information and broadcasting had filed an affidavit and sought dismissal of the pleas.

      "The excerpts of the documentary contained an interview with one of the convicted rapists of the Delhi gang rape victim of December 2012. These excerpts were telecast on various channels throughout the day, with visuals of the convict, who was showing no remorse whatsoever for the heinous act. The excerpts also contained his chauvinistic and derogatory views regarding women in general and the victim in particular," the government has pointed out.

      The affidavit adds that the telecast of the documentary will provide a platform for the convicts even as their appeals against the conviction remain pending before the Supreme Court. The Supreme Court in July last year put on hold the execution of the four convicts in the case.

      The documentary is about the gang rape of a 23-year-old trainee physiotherapist, who was brutally assaulted on December 16, 2012, in a moving bus in Delhi. It generated controversy since one of the convicts, Mukesh Singh, was interviewed in Delhi's Tihar Jail.

      The documentary also has derogatory remarks against women by the lawyers for the convicts - A P Singh and M.L. Sharma.

      Seeking lifting of the ban two PILs argue it violates fundamental rights guaranteed under Article 19 of the Constitution. The PILs also seek a direction to declare as illegal the act of banning the documentary by the home ministry, the information and broadcasting ministry, and the Delhi Police commissioner.

      The Centre on March 3 issued an advisory to ban the broadcast of the documentary and the trial court on March 4 banned it until further orders.

      and another more recent article..Mukesh goes on the offensive.

      Delhi High Court refuses to pass order on prosecution of Nirbhaya documentary maker | Bharat Press | Apr 27 2015

      New Delhi: The Delhi High Court on Monday refused to pass an order for prosecution of BBC and the British director of the controversial documentary on December 16 gangrape case, saying that a PIL is already pending before another bench in which the same issue has been raised.

      A bench of Justice AK Pathak said that it cannot pass any order on the plea as a bench headed by Chief Justice G Rohini is already seized of the identical issue.

      The request in this regard was made by a death row convict Mukesh through his advocate, who was asked to decide whether he wanted to withdraw or pursue the matter.

      A bench of Justice AK Pathak said that it cannot pass any order on the plea as a bench headed by Chief Justice G Rohini is already seized of the identical issue.

      How can we order prosecution or seizure of the material which is lying/staying in UK/abroad?” the court said in its oral observation.

      The convict has also raised the issue of asking the authorities to “seize” the entire documentary and its raw material.

      The court also suggested the convict’s counsel to file an application before the division bench. Mukesh has claimed that he was compelled by the police to “speak the written script” prepared by documentary ‘India’s Daughter’ director Leslee Udwin.

      Central government’s standing counsel Monika Arora, who was appearing for Ministry of Home Affairs, also opposed the plea, saying a similar matter is pending and will be heard on August 5 by the Chief Justice’s bench.

      The court has fixed the matter for August 28.

      The plea, which sought a CBI probe, alleged that the film is only “outcome of fraud and conspiracy hatched by the Delhi Police, the documentary maker, British Broadcasting Corporation (BBC) and a private news channel with advocate VK Anand who had briefly represented Mukesh during trial of the case.

      Advocate ML Sharma, appearing for Mukesh, claimed that his client was a victim of a conspiracy and due to the film, he has been again fixed in the criminal scenario.

      The counsel has urged the court that Mukesh’s interview, in which he was shown making derogatory remarks against women allegedly taken inside Tihar jail in New Delhi in July 2013, should not be aired.

      He has said the trial court’s March 4 ban order was “equally binding” upon the documentary director Leslee Udwin, BBC, a private news channel and all others concerned.

      “Bare reading of the prohibition order (trial court), it is not limited only to India. Order is binding in rem and the respondents, who are partners in the said procurement of the film, are duty-bound to comply (with) it and cannot release it out of India.

      “Releasing the said film under different title, namely ‘Indian daughter’ upon their channel(BBC) and cannot be allowed in any manner and it is illegal and is also a serious case of violation of the court order,” the counsel has said.

      He has also sought a direction that the documentary should not be used in any legal or judicial proceedings.

      His counsel has said the Centre should direct the Delhi Police to arrest the documentary maker, BBC officials and the news channel Editor, as they were engaged in airing of Mukesh’s interview.

      The convict claimed that the British director had left India and edited her film. “She (Udwin) on March 4, 2015 released it in Britain.”

      “They also uploaded the said film upon internet and”. Despite prohibition order by the court, several media, print, electronic and web portal published/released the film and its contents in all over India immediate thereafter.

      “Till today, the Centre and Delhi Police have not taken any legal action against them and also did not seize footage of the film original and final,” the counsel has said.

      The documentary director and BBC have committed a serious crime against the petitioner as also against the country by damaging its reputation, Mukesh has said in his plea, demanding that the film be seized and those guilty prosecuted.

      The plea has also blamed the Ministry of Home Affairs and Delhi government failing to perform their duty and not taking any action against the film maker and the channels.

      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 her 28-year-old male friend, who was with her, had been assaulted on board the vehicle, plying illegally.

      The victim’s friend, a software engineer, suffered fractures in his limbs in the incident. The girl succumbed to her injuries on December 29, 2012 at a Singapore hospital.

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