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Moves to court for restraining media from reporting molestation case
‘Aakhir Khan ko sharam aa hi gaye’
8/20/2014 12:00:22 AM

Early Times Report

Srinagar, Aug 19: Chief Judicial Magistrate Srinagar here today reserved orders on an application filed by senior Congress leader and former MoS Health, Shabir Ahmad Khan, seeking directions from court to prevent media from reporting proceedings of the case involving him in the alleged sexual assault on a lady doctor here.
"From the day of trail/enquiry in the present case by this court, the print media has started parallel media trial against the petitioner thereby damaging the status of the petitioner in the society," Khan's said in the application filed by him through his counsel advocate Abdullah Pandit. "Serious prejudice has been caused to the petitioner because of the publication of the proceedings of the case in the print media," he said.
"Further damages are being caused to the petitioner because the proceedings of the case are being highlighted in such a way and in different tune in the print media as the petitioner has been convicted. The parallel media proceedings are being printed in such a way which causes further damages to the petitioner," he said. Khan, he said, is elected member of the assembly and is contesting forthcoming state assembly election from his native constituency Rajouri. "The parallel proceeding by print media is likely to affect extensive damages in the state assembly elections to the petitioner. The Supreme court in a case captioned as "Sahara Real estate Versus Security Exchange Board of India AIR 2012/SCC issued the directions that the proceedings in the said case be not published in the print media because it is effecting the interest of the petitioner and Supreme Court has held that media trial cannot be permitted which is directly effects and prejudice the rights of petitioner," he said.
The J&K High Court, he said, had also so-motto directions in the case of Deputy Chief Minister of J&K State BY Justice B. L. Bhat and Justice Tashi Rabstan has also restrained the print media from publishing the court proceedings which has directly affected the status and interest of the Deputy Chief Minister J&K State. "In case parallel media trial is permitted; it will extensively prejudice the interest of the petitioner in the public because the petitioner is considered innocent till quilt is proved against him," he said. After hearing him, the CJM V S Bhou reserved the orders on the application. The sitting MLA from Rajouri has been charged by police under sections of 354 RPC (assault or criminal force to woman with intent to outrage her modesty) and 509 RPC (word, gesture or act intended to insult the modesty of a woman).
The lady doctor had accused Khan of sexual harassment at winter secretariat in February this year.
In her complaint, the doctor claimed that the minister called her to his office on January 28 and tried to outrage her modesty.
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