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  India   Salman team: ‘Rape’ remark misreported

Salman team: ‘Rape’ remark misreported

Published : Jun 30, 2016, 1:46 am IST
Updated : Jun 30, 2016, 1:46 am IST

In their reply addressed to the chairperson of the National Commission for Women (NCW), Salman Khan’s legal team, DSK Legal, has tried to explain the “rape” comment as a result of either misreporting

Salman Khan
 Salman Khan

In their reply addressed to the chairperson of the National Commission for Women (NCW), Salman Khan’s legal team, DSK Legal, has tried to explain the “rape” comment as a result of either misreporting or malicious reporting, submitting that none of the press members present at the interaction had referred to the comment. They also say that it was inappropriate of NCW to take suo moto congnizance of media reports, and ask that the notice be withdrawn. Extract from the reply:

Our client submits that it is not appropriate for the NCW to take suo-moto cognizance of a media report and assume this to be accurate or complete. As held by the Hon’ble Supreme Court of India in Laxmi Raj Shetty Vs. State of Tamil Nadu (1988), courts cannot take judicial notice of the facts stated in a news item, unless proved by evidence aliunde.

In your notice you have referred to taking suo-motu cognizance of “the report that appeared in various electronic and print media dated 21 June 2016, captioned “Salman Khan refers himself to a ‘Raped Woman”’. A bare reading of the article itself shows that the author is referring to another source for her information. Moreover, the author herself states that “it’s as yet unclear if the actor was misquoted, but Twitter has reacted with both fury and disbelief.”

Your notice proceeds on the assumption that what is stated in the press report is both true, and a complete reproduction of what our client stated. Our client respectfully submits that this assumption is not only contrary to what is stated in the article itself but is also incorrect and unsustainable in law. Our client is not responding to the requisitions made in your letter which, as stated above, proceeds on the basis that the press reports are proved, which in fact is not the case.

Our client has the greatest respect for women, and is sensitive to their sentiments. Our client is fully conscious of the fact that rape is an extremely traumatising event and has never trivialised the act of rape, nor has he intentionally made any insensitive remarks as suggested in your notice, let alone any objectionable, offensive or irresponsible comments with respect to the dignity of women.

Giving details of the press meet on June 18, 2016, at Mehboob Studio, the document states: A code of conduct has evolved for the press to acknowledge and respect that persons giving such interviews proceed on the basis that these are closed door interview sessions... Interviewees speak freely in such sessions, sharing their thoughts and retracting or correcting certain observations made by them, including by slip of tongue or in an unguarded moment. As a practise the media does not publish any uncorrected statement/comment which is subsequently retracted or corrected.

About 30 members of the press attended the group interview session. None of the members of the press who attended the press interview session referred to the comment referred in your notice i.e. “When I used to walk out of the ring, after the shoot, I used to feel like a raped woman I couldn’t walk straight”, when reporting on this press interview session between June 18 evening and June 20 evening.

As per our client’s due diligence, it appears that the subject comment was first published on June 20, 2016, at 10.01 pm by Rachana Dubey Sharma of Spotboye. An audio recording of this comment was then published on June 21 at 1.52 pm by the Spotboye team... It appears that Rachana Dubey Sharma deliberately published the incomplete contents to cause mischief and defame our client, and obviously to draw attention to herself and to Spotboye in order to enrich themselves by attracting increased readership (which translates into increased advertising revenues).

Assuming for a moment that the extract from the interview which has been published is accurate, on carefully listening to the recording, it may be noted that immediately after the statement which you have reproduced in your notice, the same voice goes on to say, “I don’t think I should have said that...”, thus immediately retracting the statement. There was some laughter amid the reporters so some part of the statement is inaudible.

We trust the above adequately explains the matter and your notice will be withdrawn.

Location: India, Delhi, New Delhi