Legal Setback for Adv Asim Sarode as Court Declines Prohibitory Order in Swargate Rape Case

The court clarified that it does not have the authority to grant the requested relief and that Supreme Court rulings cited in the plea do not apply in this case.
District and Sessions Court, Pune
District and Sessions Court, PuneThe Bridge Chronicle
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Pune: A Pune court has dismissed a petition filed by the victim’s lawyer seeking a prohibitory order against false, derogatory, and insensitive statements made about the young woman assaulted at Swargate bus station. The court ruled that such authority rests with the District Magistrate under existing legal provisions.

The petition was heard by Judicial Magistrate (First Class) T. S. Gaigole, who stated that under the Bharatiya Nagarik Suraksha Sanhita (Indian Civil Security Code), the state government has empowered the District Magistrate, Sub-Divisional Magistrate, and Executive Magistrate to issue such orders.

District and Sessions Court, Pune
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The court clarified that it does not have the authority to grant the requested relief and that Supreme Court rulings cited in the plea do not apply in this case.

District and Sessions Court, Pune
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On February 25, Dattatraya Ramdas Gade (36) allegedly assaulted the victim inside a MSRTC bus at the Swargate bus depot. The Swargate Police Station registered a case, and the accused has been remanded to police custody until March 12.

Following the incident, controversial statements were allegedly made by certain political figures and police officials, questioning the victim’s role and raising concerns about defamation and victim-blaming. In response, Advocate Asim Sarode, filed a petition demanding a ban on defamatory, misleading, and insensitive remarks against the survivor.

Advocate Asim Sarode has now approached the District Magistrate, who holds the legal authority to issue prohibitory orders in such matters. "The District Magistrate has the power to protect the victim’s rights and prevent defamatory statements. A formal application has been submitted to seek appropriate action," he stated.

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