A special court in Haryana’s Gurugram has dismissed Ajit Anjum’s petition raising objections against a private counsel assisting the complainant in a 2013 POCSO case. The plea requested that the private counsel be “disallowed from taking over the role of the prosecutor”.
However, Additional Sessions Judge Jasmine Sharma noted that “if the averments of the applicant are believed, then these are basically allegations on the effective and proper functioning of the court”.
In an order on Wednesday, the judge pointed out that the claims are “against the factual scenario” of the trial as the proceedings are being conducted by the special public prosecutor. It cited applications signed by the special public prosecutor as the “reason for this opinion”.
The court also mentioned section 301 of the CrPC, section 338 of the Bharatiya Nagrik Suraksha Sanhita, and the 2020 Rekha Murarka vs State of West Bengal order to highlight the function and role of private counsel.
The POCSO complaint had alleged that three news channels – News 24, India News, and News Nation – aired “edited”, “obscene” videos allegedly of the child and her family, and linked it to a sexual assault case against self-styled godman Asaram Bapu.
A total of 15 journalists who were then working with the three media houses were booked in the case under sections 120B (criminal conspiracy) and 469 and 471 (which relate to forgery) of the Indian Penal Code; section 67B (abusing children online) of the Information Technology Act; and section 13C (indecent or obscene representation of a child) of the Protection of Children from Sexual Offences Act. Ajit Anjum was among them.
Police had filed a chargesheet against eight journalists.
Newslaundry had earlier reported all about the 2013 POCSO case against the news anchors. Read here.
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