The high court on Thursday reacted sharply to social media posts revealing the identity of the junior doctor who was raped and murdered at RG Kar Medical College and Hospital.
A division bench headed by Chief Justice T.S. Sivagnanam sought a report from the CBI joint director by the next hearing on September 18.
The law prohibits the naming or identification of a person who has been raped.
“This court had earlier issued an order asking persons allegedly posting various items showing the picture of the victim to withdraw their posts immediately. The court had also issued a ban on any social media posts having the picture of the victim. It is a matter of concern that some people are not obeying the order,” the chief justice said.
The bench announced that the court would take strong action against such offenders. “Since the CBI is handling the case, the court is directing the joint director of the CBI to file a report on the issue,” said the bench, also including Justice Hiranmay Bhattacharyya.
The bench was hearing a plea alleging that some social media users were still uploading posts containing pictures of the rape and murder victim.
Appearing for the CBI, additional solicitor-general Ashok Chakrabarty said: “The CBI has no particular wing to handle cybercrime-related issues. The state government has a department to handle cybercrime-related issues. So the job should be handed over to the state.”
At this, the chief justice said: “In that case, the CBI would take the assistance of the state cyber crime department. The state cyber crime department is directed to cooperate if the CBI wants it from them.”
According to Section 72 of the Bharatiya Nyaya Sanhita, anyone who prints or publishes the name or any other information that can reveal the identity of a person who has been subjected to “rape or sexual assault could be punished with imprisonment for up to two years and shall also be liable to fine”.
The Supreme Court, which took up the RG Kar case suo motu, has in multiple orders earlier barred the sharing of information that can disclose the identity of a rape victim.
While hearing this case on August 20, the top court directed the Centre to remove all references to the name, photos and clips of the RG Kar victim from social media and electronic media platforms.
On Thursday, a lawyer present in the high court said: “Most of these social media posts are fake. In some of the posts, abusive language is being used. There should be a special cell to find out the culprits.”
The chief justice said: “The investigating agency will take all possible steps in this regard. The court will not allow such things anymore.”
Earlier, the same issue was raised before the same court where lawyers pointed to the Supreme Court bar on revealing the identity of a rape victim.
Following the complaints, the division bench directed the immediate withdrawal of such posts and issued a bar on such posts.