J&K Government must give monetary relief to Anara Gupta for her humiliation says NHRC

New Delhi, July 16th , 2009

The National Human Rights Commission has said that after considering all the circumstances of the case, it is prima facie satisfied that the J& K Government must make monetary amends for the humiliation being faced by Anara Gupta in pornographic CD case. The Commission also observed that this is a serious breach of human right of dignity and issued a Show Cause Notice u/s 18 of the Protection of Human Rights Act, 1993 to the Chief Secretary, Government of J&K. seeking his comments within six weeks.

Ms Anara Gupta , Miss Jammu in the year 2001, was accused of involvement in prostitution and preparation of porno film. According to the local police, Anara's house was raided on 3rd 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 No. 25/2004 u/s 292/293 RPC, Section 7 of Cinematography Act, Section 4 of Prevention of Immoral Traffic Act and Section 67 of Information Technology Act was registered at P.S. Women Cell, Jammu against her and others. This case was initially investigated by the local police and subsequently, the investigation was taken over by the Crime Branch. The High Court of J&K 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 dated 21st 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 u/s 4 of Prevention of Immoral Traffic Act and Section 6/7 of Cinematography Act against Anara Gupta. The offence u/s 67 Information Technology Act is under investigation. In the order passed by CJM, Jammu dated 21st January, 2006, Executive Magistrate had denied having accompanied the raiding party on 3rd November, 2004.

Thus the Commission observed that the factum of recovery of the incriminating CD from Anara Gupta was also doubtful. The only question which remained to be investigated by SIT was whether Anara Gupta featured in the seized porno CD or not. This CD was sent to FSL, Hyderabad for their expert opinion and they ruled out Anara Gupta being the female in it. For the reconfirmation FSL, Hyderabad's version, the SIT has now sent the CD to Directorate of Forensic Science, New Delhi for obtaining conclusive scientific opinion. Directorate of Forensic Science, New Delhi 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 further progress of investigation is stalled.

The Commission considered the above reports and has drawn the conclusion that the allegation of indulging in prostitution has not been substantiated during investigation by SIT. Even the alleged recovery of porno CD from Anara Gupta is doubtful. The expert opinion given by FSL, Hyderabad is that Anara Gupta is not the lady who featured in the porno CD. For conclusive scientific opinion, the matter is pending in the Directorate of Forensic Science, New Delhi. For delay in investigation, the entire blame lies with the State and the sword keeps hanging on Anara Gupta for no fault of hers.

The Criminal case No. 7/2005 was registered at P.S. Crime Branch, Jammu against some 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 u/s 197 Cr.Pc was sought.

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