TaxTMI 
TaxTMI 
2021 (2) TMI 1373
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.... Pranav Jain, Ms. Mehma Kaur & Ms. Radhika Gupta, Advocates for R-5. Mr. Kunal Tandon, Mr. Kumar Shashank Shekhar and Mr. Amandeep Singh, Advocates for R-6. ORDER Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode (physical and virtual hearing). 2. The present petition has been filed by Ms. Disha Ravi who is stated to be an environmental activist seeking various reliefs against the Police, the Ministry of Information and Broadcasting (hereinafter Ministry of I&B) and various news channels in respect of what are allegedly attributed leakage of her messages and various other investigation material which has been broadcasted and disseminated by the TV channels at the behest of Delhi Police. The case of the Petitioner is that she was arrested on 13th February, 2021 in Bangalore and was brought to Delhi. She was sent on police remand vide order dated 14th February, 2021 by the Duty Magistrate, Patiala House Courts. 3. She claims that after her arrest during the process of investigation, various messages, etc. were leaked by the police to the media, resulting in a large number of programs, news bulletins and online dissemination of various pr....
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....which are matter of record and are not disputed. He further submits that there is an attempt by the Petitioner to malign the police and there could be various other sources from where the leakage could have taken place. In any event, he assures the Court that the briefings of the Delhi Police will be in accordance with law. 6. On a query from the Court, Mr. Raju, ld. ASG confirms that the said office memorandum dated 1st April 2010 is operative even as of today. He further submits that the present writ petition is nothing but a method to exercise pressure on the investigation agencies by maligning them and an attempt to hamper the investigation. 7. Mr. Chetan Sharma, ASG appearing for the Ministry of I&B submits that the Ministry is the nodal body for enforcing the program code and advertisement code and under the Cable Televisions Networks (Regulation) Act, 1995 and its Rules. The said Ministry has constituted an inter- Ministerial Committee which is headed by the Additional Secretary, I&B to look into in any complaints which may be received. As on date No complaints have been received. He also challenges the maintainability of the writ petition. 8. On behalf of News Broa....
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....India & Ors., 2017 (10) SCC 1. If the Petitioner wishes to enforce her remedies in terms of the Cable Televisions Networks (Regulation) Act and Rules, she has the remedy to do so. Since the Government has not refused to entertain the Petitioner's complaint as the Petitioner has not approached the Government, the maintainability of the petition is challenged. 12. In rejoinder, it is submitted that the difference between `Public records' and records in public domain has to be maintained. The fact that the WhatsApp messages may be in public domain, does not make them a part of the public record. The Petitioner having been arrested, the entire leakage has happened at the instance of Respondent No.1. Since the office memorandum respects the privacy of undertrials, the same should be abided by. 13. Heard ld. counsels for the parties. The present petition raises issues of public importance. There are three aspects to the present case. Firstly, the privacy, dignity of the individual concerned as also her right to fair trial. The second aspect would be the sovereignty/integrity of the country and whether there could be reasonable restrictions that could be imposed considering the natu....
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....tate and submit that the allegation of the petitioner that the subject information [chats of the petitioner] has been leaked by the Respondent No.1, is false and factually incorrect. I state and submit that no information/document forming part of the case file including the subject chats have either been shared by the Respondent No.1 with any media house or individual except the information communicated officially through press briefing or broadcast, which is a matter of record, nor the same has been leaked from Respondent No.1's end." 17. Thus, the Delhi Police has taken an unequivocal position that they are not responsible for leaking the messages or the investigation material to the media houses. The media houses, however, both in the online articles as also in the videos claim to the contrary. This would require a little more detailed examination in the present case and replies to be called from the TV channels. 18. The question that arises is what should be the ad interim directions that ought to be passed, if any, in order to ensure that all the three aspects - the Petitioner's privacy, dignity and right of fair trial - the sovereignty and integrity of the coun....