Court to hear arguments ‘in-camera’ in Delhi gangrape case

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Trial proceedings in the December 16 Delhi gangrape case will be held in-camera

New Delhi, Jan 21 (PTI): Trial proceedings in the December 16 Delhi gangrape case will be held in-camera before a fast track court, which today decided to hear arguments on framing of charges against five accused on January 24.

Upholding the previous order of a magistrate, the special fast track court judge said, “Only those who are connected with the case will stay in the courtroom. Others should vacate the court immediately.

Earlier, special public prosecutor Dayan Krishnan and Delhi police counsel Rajiv Mohan along with the investigating officer entered inside the packed courtroom where the proceedings were to commence before the special court at 2.30 PM for the first time.

Besides 30-40 security personnel, defence lawyers and journalists were also inside the court room where all the accused were brought in with their faces muffled up.

The driver of the bus Ram Singh, his brother Mukesh, Akshay Thakur, Pawan Gupta and Vinay are the accused in the case. While their juvenile accomplice is being tried separately at the Juvenile Justice Board here.

Except Thakur, who was arrested from Aurangabad in Bihar on December 22, rest four accused were arrested within 24 hours of the incident.

Special prosecutor Krishnan started the argument with a plea that the special court should give an order as to whether the trial proceedings would be open for all or it would be held in-camera.

Citing legal provisions and the previous order of the magistrate, he said the section 327 (2) and (3) of the CrPC specifically provides that the trial in rape cases “shall be held” in-camera.

He argued that even though the detailed proceedings in the case cannot be allowed to be reported as per the earlier order, but the special court needs to pass an order which should decide the issue whether it can be reported or not.

“In-camera proceedings under section 327 (2) of the CrPC should go on. Reporting of proceedings by the media, under section 327 (3), is upto the court to decide,” Krishnan said.

He also said that if the judge deems it fit then he can allow media to publish a brief of the proceedings or can pass an order regarding how much media can report or publish.

But detailed reporting of the proceedings may not be allowed, he added.

Defence lawyers V K Anand and R P Singh sought lifting of the ban on media saying that the denial may result in mis-reporting.

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