No doubt the woman is an accused, but it does not mean that she deserves humiliation and disrespect in society without facing the trial, a Delhi Court observed recently as it passed exparte ad-interim injunction on publishing, re-publishing, and circulating any article in the print, electronic, social media, or through the internet against the woman.
The court was hearing an application filed by the woman, Neelam Sharma, who was accused of offences under Section 507 (criminal intimidation) and 509 (insulting the modesty of a woman) of the Indian Penal Code (IPC) and provisions of the IT Act, 2002 at Cyber Police Station of North district. Sharma moved the court over an article published in an English daily, claiming that it slandered, harmed, and tarnished her reputation.
The court noted that the matter is at its initial stage and opined that subjecting such matter to the public at large violates ‘personal liberty’ as enshrined under Article 21 of the Constitution of India.
The court stated that there are no two opinions on whether or not a person can be hanged, provided that he is facing a fair trial in a court of law. Hanging such a person before trial is not desirable and violates legal principles.
“At times, the media crosses its limit and may put forth the facts in a light different from its true version. There are absolutely no two opinions that Courts’ duty is to protect an individual and their reputation in the society before he or she is convicted by a court of law,” Principal District and Sessions Judge Deepak Jagotra of the Karkardooma Court observed.
The court stated that the balance of convenience is also in Sharma’s favour, as she is a woman and must protect her dignity in society at large under any circumstances and there is no other equally effective remedy available to her except an injunction.
The court was of the opinion that innumerable losses would be caused to the woman if the exparte injunction is not granted in her favour and the same would never be compensated in terms of money.
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