Please help me with this moot problem

anjuproxim (Querist) 23 February 2013 This query is : Resolved
1. Hade Entertainment, a company established in 2005 in the city of Bhopal, is a company which makes television series and is also involved in organising and sponsoring cricket matches. In July 2012, the company organised a celebrity cricket match and the after party for the match was held on July 12, 2012 at the Grand Hotel in Bhopal. Myra Bedi, a famous television-star and one of the main faces of Hade Entertainment, also attended that party. Myra Bedi had worked as a lead actress in some of the most successful serials such as Shant and Daulat.
2. On 13 July, 2012 at 6 AM when Baburao, the security guard at the Grand Hotel working at shift hours of 6 AM – 6 PM, came and went to switch off the lights of the basement he found Myra lying battered and bruised. He rushed to call for help. Rahul Taneja, the manager of the Hotel came hurriedly to the spot but felt reluctant to rush Myra to the hospital for fear that his hotel would get bad publicity. He called an in-house doctor, Dr. Rustam to take a look at her. At around 7 AM, the doctor came and examined her and suggested they take Myra to the hospital immediately as she was gravely hurt. Rahul Taneja made a few calls to his friends, and decided to take her to the Fort Hospital which was atleast two hours away from the hotel.
3. By the time they reached the hospital, Myra’s condition had worsened. Rahul after getting Myra admitted to the hospital fled from the scene for fear of being dragged into the matter. Myra had suffered severe injury and had also developed a fatal infection in the right arm due to which the doctor had to amputate her right arm. The doctors also conducted a medical examination of Myra to verify if she had been subjected to sexual assault. The Hospital authorities informed the police at around 2 PM. The police visited the hospital on the same day but was unable to file a complaint as Myra was unconscious. When the police questioned the doctor who had treated Myra, they were told that from the examination of her body, it could be said that Myra was raped by atleast four different men.
4. On July 15, 2012 Myra regained consciousness and was able to give her statement to the police. She narrated to the police how she was raped and then left to die. The statement was recorded by the Police and was as follows:
“On the day of the party, I was enjoying myself when at around 12: 30 AM but after drinking water from a glass, I started feeling dizzy. Ranjan, one of my colleagues, came and supported me. He suggested going outside so I could get some fresh air. At first I was reluctant, but when I started feeling uneasy inside, we came out. The hallway was empty. Suddenly, Ranjan covered my mouth tightly with a cloth and started dragging me towards the basement. He brought me into the basement where three other men were also present. One of them was Anil, another colleague of mine; the other was Dhanush , who is a cricketer by profession and the third one was Karun, a driver at Hade Entertainment. They forced themselves upon me and when I resisted their attempts, they started beating me with belts and rods. When Ranjan was dragging me into the basement, I saw the guard on duty and cried for help but he ignored my shrieks and sneaked out. Those four men brutally raped me and thrashed me till I became unconscious.”
5. On the basis of the statement given by Myra and the doctors at the Fort Hospital, the police began an investigation into the matter and the police obtained arrest warrants against the four main accused. When the police went to question Rahul Taneja on July 16, 2012, he was rather evasive and shirked responsibility saying the hotel had nothing to do with the incident. He said it was a one-off thing that had happened and he had performed his duty by taking Myra to the hospital. When questioned about the guard who had been on duty at the time of the incident, Rahul Taneja said it had been a man named Himesh whom he had fired as soon as the incident had come to light. The police arrested Himesh and the driver Karun on August 10. The police was, however, lax in furthering investigations regarding Ranjan, Anil and Dhanush, all of whom were from influential families.
6. Myra recovered but not before a good six months and hospital bills running into several lakhs. To add to her woes, Hade Entertainment terminated her from the job for they thought she was no longer fit to work with the company. Myra went to the police station on January 15, 2013 for further inquiry into the case. To her discomfort, she noticed that no woman police officer was present at the time of questioning. Moreover, the officers made remarks like, “These parties are like that only...she must have gotten drunk and encouraged those men...” and “Women should seriously sit at home. Otherwise they will be battered like this only”. Braving these hostile conditions, Myra recorded a proper statement where she said that her drink had probably been spiked, which is why she started feeling drowsy and uneasy. Due to the increasing pressure from the media and women activists, the three accused were also later arrested on February 23, 2013.
7. Meanwhile, on January 28, 2013, the News World channel aired a chat show on this incident wherein Mr. Venu Madhvan, a retired senior police officer was called to discuss the issue. The show was recorded three days earlier. When asked about the rape that had taken place in Bhopal on July 13, Mr Madhvan was quoted saying, ‘This is a very serious case wherein a famous TV actress of Hade Entertainment has been raped by four men. The investigating officer happens to be my junior and in the course of discussion had informed me that the rapists come from influential families but even the victim has been a leading actress in shows like Shant and others but has now been fired from her job. He told me how brutally she was raped and beaten.’
8. The matter went before the Sessions Court, Bhopal on February 24, 2013 and the defence counsel for Dhanush pleaded that he was 17 years 6 months old as reflected on his birth certificate and should thus be only tried as a ‘juvenile’ in the case as per the Juvenile Justice (Care and Protection of Children) Act, 2000. Myra also filed a complaint against Mr Venu Madhvan and News World channel for harassing her and revealing her identity on national television in the Sessions Court.
9. The Juvenile Justice Board passed an order holding that that Dhanush would be considered a juvenile as he had not completed 18 years of age. The Sessions Court rejected Myra’s complaint against Mr. Venu Madhvan and News World channel and imposed a punishment of Rs. 5,00,000 on the three accused which was then to be awarded to Myra as a compensation. Against these judgments of the Sessions Court and the order of the Juvenile Justice Board, Myra appealed to the High Court. The High Court after a preliminary hearing ordered for clubbing of cases.
Issues:
1. Whether the appeals made before the High Court of Madhya Pradesh are maintainable? Whether the High Court has the power to club the appeals made before it in the instant case?
2. Whether the order of the Sessions Court regarding the three accused and that of the Juvenile Justice Board was justified?
3. Whether the order of the Sessions Court is justified with respect to Mr. Venu Madhvan and News World?

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