21 July,2009 04:56 PM IST | | Rajeev Tyagi
The National Human Rights Commission served a show cause notice to the Jammu & Kashmir government for harassing Ms Anara Gupta in the pornographic CD case.
The commission issued the notice under the Protection of Human Rights Act and also directed the J&K government to make monetary compensation to Ms Gupta after observing that the alleged case of prostitution against Gupta is not conclusive.
As per the notice, J&K government will have to get back with their comments within six weeks.
Ms Anara Gupta, a former Miss Jammu, was accused of indulging into prostitution and participating in a pornographic film. According to the local police, Anara's house was raided in November 2004 in the presence of an Executive Magistrate and a CD showing her in nude with another person was recovered from her.
A criminal case comprising Section 7 of Cinematography Act, Section 4 of Prevention of Immoral Traffic Act and Section 67 of Information Technology Act was registered against her. The local police handed over the case to the Crime Branch and the J&K High Court monitored the investigation.
The Crime Branch did not find incriminating evidence against Anara Gupta and submitted its final report in the Court of CJM, Jammu. The High Court vide order in January 2006 however, did not accept the final report of Crime Branch and directed DGP, J&K to entrust further investigation of the case to a team of officers with established record of integrity and efficiency.
A Special Investigation Team (SIT) was accordingly constituted. The interim status report of investigation has been submitted by Chairman, SIT. The report revealed that no incriminating evidence had been found to establish the offence of Prevention of Immoral Traffic Act and Cinematography Act against Anara Gupta. The offence of Information Technology Act is under investigation.
In the order passed by CJM, in January 2006, the Executive Magistrate had denied having accompanied the raiding party in November 2004.
Thus the Commission observed that the fact of recovery of the incriminating CD from Anara Gupta was also doubtful.
In order to eatablish whether Anara featured in the seized CD, SIT sent the CD to FSL, Hyderabad for their expert opinion. After FSL ruled out Anara Gupta being the female in it, the CD has been sent to the Directorate of Forensic Science, New Delhi for obtaining conclusive scientific opinion.
The forensic science department has desired that Anara Gupta may be examined through a board of female doctors, but this request has not been disposed off so far and therefore, the progress of the investigation is stalled.
The Commission after considering SIT report and other circumstances has drawn the conclusion that the allegation of indulging into prostitution has not been substantiated during investigation by SIT. Even the alleged recovery of porno CD from Anara Gupta is doubtful.
As a result of the delay in investigation, the entire blame lies with the State and Anara Gupta for no fault of hers has been harassed.
A criminal case has been registered against police officers who were responsible for the detention of Anara Gupta. DGP, J&K in his letter dated 16th February 2009 had informed that the charges against the police officers had been substantiated and the accused police officers and sanction of their prosecution was sought.
