The Madras High Court on Monday asked the Special Investigation Team (SIT) probing the Kallakuruchi student death case to take legal action against people conducting parallel investigations on social media [Kiruthika Jayaraj v State]..Justice N Sathish Kumar took a poor view of the issue being sensationalised on social media platforms like YouTube, Twitter, Facebook, etc. The order stated,"...this Court records its displeasure over the issue being sensationalized and politicized by some electronic and social media. Therefore, this Court, in the interest of justice, directs the Special Investigation Team (SIT) to take appropriate action, as per law, against the youtube channels and persons conducting parallel investigation in some social media and also block such youtube channels which have been created for the purpose of propagating and spinning false theory.".The Court also emphasised that the media should show some sense of responsibility while publishing the news, especially with regard to children. "Instead of projecting the incident in detail, they can give helpline numbers, which will be very much useful. Media should be vigilant while addressing any messages or images", the judge advised. It also called upon social media platforms to fulfil their duty of not allowing users to spread falsehoods."Freedom of speech guaranteed under the Constitution of India, is to be used in the sense that it does not spread falsity amongst the citizens, rather, the social media should be conscious of their duty to its citizens and take only genuine news to the doorsteps of the citizens without weaving false stories from out of thin air and such of those media should be dealt with in accordance with law by the investigating agency," the order reads..Further, the Court warned advocates participating in these parallel investigations of appropriate action for violating its orders by giving opinions in the media and comparing the two post-mortem reports. The Bar Council of Tamil Nadu and Puducherry was asked to identify such advocates and take necessary disciplinary proceedings against them..On examining the report of investigation brought before it, the Court appreciated the State's efforts on the aspect of investigation. "The State has left no stone unturned in the conduct of investigation and all efforts have been taken to bring to light the happenings, which has led to the sad demise of the deceased."It also noted that there was no merit in the allegation that the student had died as a result of sexual assault and homicidal violence."Investigation has to be conducted as per the procedure established by law. Merely because some allegations have been pressed into service at the initial stage, i.e., it is a case of rape and murder, one cannot expect the final report in the line of their allegations," the order stated.The contention that the investigation was not going in the right direction was thus rejected by the Court. .The matter will be heard next on September 27..The petitioner was represented by Senior Advocate S Prabakaran and Advocate S Thanka Sivan.State Public Prosecutor Hassan Mohammed Jinnah and Additional Public Prosecutor A Damodaran represented the respondent.Advocate Sankarasubbu represented the intervenor..The death of the 17-year-old student on July 13 this year had led to violent protest, including stone-pelting and arson around the building of the school she was studying in. Her parents had registered a complaint with the police alleging foul play and claiming that their daughter had likely been raped before her death.Following the complaint, five persons, including two teachers, the school principal, the school management correspondent and the school secretary were arrested by the police. They subsequently approached the High Court for bail and were granted the same on Monday..[Read Order]
The Madras High Court on Monday asked the Special Investigation Team (SIT) probing the Kallakuruchi student death case to take legal action against people conducting parallel investigations on social media [Kiruthika Jayaraj v State]..Justice N Sathish Kumar took a poor view of the issue being sensationalised on social media platforms like YouTube, Twitter, Facebook, etc. The order stated,"...this Court records its displeasure over the issue being sensationalized and politicized by some electronic and social media. Therefore, this Court, in the interest of justice, directs the Special Investigation Team (SIT) to take appropriate action, as per law, against the youtube channels and persons conducting parallel investigation in some social media and also block such youtube channels which have been created for the purpose of propagating and spinning false theory.".The Court also emphasised that the media should show some sense of responsibility while publishing the news, especially with regard to children. "Instead of projecting the incident in detail, they can give helpline numbers, which will be very much useful. Media should be vigilant while addressing any messages or images", the judge advised. It also called upon social media platforms to fulfil their duty of not allowing users to spread falsehoods."Freedom of speech guaranteed under the Constitution of India, is to be used in the sense that it does not spread falsity amongst the citizens, rather, the social media should be conscious of their duty to its citizens and take only genuine news to the doorsteps of the citizens without weaving false stories from out of thin air and such of those media should be dealt with in accordance with law by the investigating agency," the order reads..Further, the Court warned advocates participating in these parallel investigations of appropriate action for violating its orders by giving opinions in the media and comparing the two post-mortem reports. The Bar Council of Tamil Nadu and Puducherry was asked to identify such advocates and take necessary disciplinary proceedings against them..On examining the report of investigation brought before it, the Court appreciated the State's efforts on the aspect of investigation. "The State has left no stone unturned in the conduct of investigation and all efforts have been taken to bring to light the happenings, which has led to the sad demise of the deceased."It also noted that there was no merit in the allegation that the student had died as a result of sexual assault and homicidal violence."Investigation has to be conducted as per the procedure established by law. Merely because some allegations have been pressed into service at the initial stage, i.e., it is a case of rape and murder, one cannot expect the final report in the line of their allegations," the order stated.The contention that the investigation was not going in the right direction was thus rejected by the Court. .The matter will be heard next on September 27..The petitioner was represented by Senior Advocate S Prabakaran and Advocate S Thanka Sivan.State Public Prosecutor Hassan Mohammed Jinnah and Additional Public Prosecutor A Damodaran represented the respondent.Advocate Sankarasubbu represented the intervenor..The death of the 17-year-old student on July 13 this year had led to violent protest, including stone-pelting and arson around the building of the school she was studying in. Her parents had registered a complaint with the police alleging foul play and claiming that their daughter had likely been raped before her death.Following the complaint, five persons, including two teachers, the school principal, the school management correspondent and the school secretary were arrested by the police. They subsequently approached the High Court for bail and were granted the same on Monday..[Read Order]
