CP to submit report on probe into doc’s death

In Delhi a court has ordered Delhi Police Commissioner Neeraj Kumar to file his compliance report on an another court’s order to probe afresh into the death of a doctor whose body was found in an ambulance parked inside the nursing home of another doctor.

Police had been ordered earlier by District Judge R K Gauba to probe afresh the death of private practitioner’s Akchad Biswas, whose body was found in the ambulance inside main accused Dr Ajit Gupta’s nursing home premises at Malviya Nagar on the intervening night of January 27-28, 2006.

The court had directed re-investigation on the plea of victim’s wife, who said it was a case of murder and not death due to negligence as concluded by the police. Gupta and four others were then left off for lack of evidence.

Metropolitan Magistrate Chetna Singh, to whom the case was sent by Judge Gauba to examine lapses of police probe, asked the police chief to submit the compliance report on the district judge’s order and also issued notices to Gupta and his four employees.

According to the court, “File taken up as per the order dated November 26, 2012 passed by the revisionist court. As per the order, further investigation has been ordered. Let compliance report be called from the office of the Commissioner of Police.”

It also said, “Notice be issued upon remaining accused persons through the SHO. Court notice be also issued to the complainant for the next date of hearing on February 26, 2013.”

Seeking prosecution of Gupta and his four employees, the victim’s wife had told the court in her plea that Gupta had invited Biswas for the annual party but two days later he informed her about his death.

Earlier, Judge Gauba had directed the police chief to take departmental action against all the erring officers connected with the case.

Order on in camera trial, media restraint in rape case upheld

A petition which challenged the order for in camera hearing and a ban on media reporting of the December 16 gangrape case was dismissed on Wednesday by the district judge who said it was “mandatory” to hold in camera proceedings in a case of rape and related offences, and that the magistrate had been “duty bound” to pass such an order.

A revision petition had been filed on Tuesday before district judge R K Gauba challenging the order invoking Section 327 of the Code of Criminal Procedure by Metropolitan Magistrate Namrita Aggarwal.

The petitioners claimed that the day the accused were being produced, the Saket courtroom had a crowd because a large number of policemen were present there.

But according to the district judge Gauba, “the premise on which the grievance is raised stems from an erroneous understanding of the statutory rule”.

Gauba also mentioned, “The petitioners seek to question the order of the magistrate on facts. I am afraid this is not permissible as the judicial order is sacrosanct and cannot be questioned on factual aspects in the manner sought to be done.”

Aggarwal had passed the orders for in camera proceedings in the case after the prosecution said that the presence of the large number of lawyers, mediapersons and other people raised “apprehension about the safety of the undertrial prisoners”.

The district judge had asked police to reply to the petition filed by advocates D K Mishra and Poonam Kaushik who sought to set aside of the orders of the magistrate.

During arguments in court, Mishra said the media could not be barred from reporting the proceedings in the case as the “entire country wants to know what is happening in this case”.

In a reply filed on behalf of the Delhi Police, special public prosecutor Rajiv Mohan said the petition, which sought relief against a provision of procedural law, was not maintainable.

“The magistrate was within her rights, rather duty bound, to apply provisions contained in section 327(2) and (3) (in camera trial of rape cases) CrPC to the proceedings before her. .. I do not find any error, impropriety or illegality in the impugned order,” Gauba said.

Victim’s family for open court hearing

Ballia (UP): The family of the 23-year-old gangrape victim on Wednesday favoured an open court hearing in the case and said this would enable information to reach the people.

“They (general public) would otherwise not come to know of the developments and this might weaken the people’s anger, and the agitation going on against the rape and demands for a strict anti-rape law,” her family said.