New Delhi, July 16 (ANI): The National Human Rights Commission has said that after considering all the circumstances of the case, it is prima facie satisfied that the Jammu and Kashmir 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 under Section 18 of the Protection of Human Rights Act, 1993 to the Chief Secretary, Government of Jammu and Kashmir seeking his comments within six weeks.
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 November 3, 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 under Section 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 and K monitored the investigation.
The Crime Branch did not find incriminating evidence against Gupta and submitted its final report in the Court of the Chief Judicial Magistrate, Jammu.
The High Court in its order dated January 21, 2006 however, did not accept the final report of Crime Branch and directed the state's police chief 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 was submitted by Chairman, SIT.
The report revealed that no incriminating evidence had been found to establish the offence against Gupta.
The offence u/s 67 Information Technology Act is under investigation.
In the order passed by CJM, Jammu dated January 21, 2006, the executive magistrate had denied having accompanied the raiding party on November 3, 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.
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. (ANI)