The court rejected an application by the Swargate ST station rape victim's lawyers seeking a ban on defamatory statements, citing Section 163 of the Indian Civil Safety Code, which grants the District Collector, Sub-Divisional Magistrate, or Executive Magistrate the power to issue such orders. First Class Judicial Magistrate T. S. Gaigole ruled that the court lacked the authority to issue the ban. According to the victim's lawyer, Adv. Asim Sarode, an application has been filed with the District Collector.
The rape, perpetrated by Dattatray Ramdas Gade (36) on February 25 in a Shivshahi bus at Swargate depot, sparked outrage after some politicians, police officers, and lawyers made statements questioning the victim's role. Gade is in police custody until March 12.
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Adv. Sarode's application sought to prevent false and derogatory statements, arguing that Section 163 of the Indian Civil Protection Code (formerly Section 144 of the Criminal Procedure Code) allowed for injunctions. He also cited a Supreme Court judgment. The court countered that Section 163 empowers designated magistrates to act in cases of nuisance, potential danger, or urgent matters, and therefore the Supreme Court judgment was irrelevant, leading to the application's dismissal.