The Delhi High Court on Wednesday restrained all news channels and all other media organisations from displaying or publishing content of the charge sheet filed in the Shraddha Walkar murder case.
On Monday, Additional Sessions Judge (ASJ) Manisha Khurana Kakkar of the Saket Court Complex had granted the Delhi Police liberty to approach a higher court for pursuing the remedy requested in their application for restraining news channels from airing or publishing any content related to the FIR registered in the case.
While Justice Rajnish Bhatnagar passed the order on Delhi Police’s plea on Wednesday, he said restraining would include the audio of the narco test and CCTV footages.
The court said that no media channel or organisation having access to the charge sheet shall display this material on their channel.
The judge also directed the Centre to esnure that no channel displays any such material and listed it for hearing on August 3.
“The publication of the said document, especially the CCTV footage, can severely prejudice the right of fair trial of the accused as enshrined under Article 21 (protection to life and personal liberty) of the Constitution of India, and the channel cannot be allowed to telecast the content of the same so as to conduct a media trial,” ASJ Kakkar had said.
She also cited a Delhi High Court ruling of 2001 that said the media has no place in the administration of justice once the proceedings have begun.
The court then took note of an undertaking by the news channel’s lawyer that it would not broadcast, publish, or otherwise make available the contents of the voice layered test, narco analysis, or conversation captured on Dr. Practo’s App, for the following three days.
Amit Prasad, a special public prosecutor, had claimed that because digital content is sensitive by nature, broadcasting it would jeopardise the accused’s right to a fair trial in addition to having an adverse effect on law and order.
“A media trial creates a bias not only in the minds of the general public, but also puts pressure on the court while taking decisions.”
The advocate for Aaj Tak argued that there is no provision under the Code of Criminal Procedure (CrPC) which could empower the present court to pass any such restraint order and that there are precedents to the effect that only constitutional courts (Supreme Court and high courts) have such inherent power.
He added that no prejudice is likely to be caused to the accused in case such content is telecast.
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