TaxTMI 
TaxTMI 
2022 (11) TMI 1451
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....g Ahluwalia, CGSC with Mr. Abhigyan Siddhant, GP and Mr. Danish Faraz Khan, Adv. for R-3. ORDER 1. This writ petition has been preferred for directions being framed restraining the respondents from leaking and disseminating any information to the print or electronic media relating to court proceedings including in-camera proceedings in respect of CBI FIR No. RC0032022A0053. 2. On the last occasion when the matter had been taken up, the Court had upon going through the alleged offending broadcasts and in respect of which a grievance was raised by the petitioner, called upon learned counsels for the Central Bureau of Investigation ["CBI"] as well as the Enforcement Directorate to place for the perusal of the Court all press releases ....
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....lf is pending. The conditions so imposed and which clearly bind and operate upon the investigating agencies are thus sufficient to protect the interest of all concerned parties in the meanwhile. 6. Be that as it may and bearing in mind the content of the broadcasts which had been carried on various TV channels and in respect of which the instant challenge is raised, let notice issue to respondent Nos. 5, 6, 7, 8 and 9. The petitioner may take steps for service on the said respondents through all permissible modes including via approved courier service. 7. In the meanwhile, the Court directs the respondent No. 4 to duly examine the broadcasts which have been questioned in the instant writ petition and place a report in these proceeding....
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....xceeding the permissible legal and Constitutional means. Since here we are majorly concerned with "administration of justice", any report of the press/media, having the propensity of tilting the balance against fair and impartial "administration of justice", could make a mockery of the justice delivery system rendering „truth‟ a casualty. The duty of the press/media to have news items printed/telecast based on true and correct version relating to incidents worth reporting accurately and without any distortion/embellishment as well as without taking sides, cannot therefore be overemphasized. 253. Resting on the authorities referred to above and as a sequel to our aforesaid discussion, we hold that any act done or publica....
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....ssues that arise from a media trial, the Court in Nilesh Navlakha, the following pertinent observations came to be entered:- "318. Given the circumstance that the press/media has the ability to mould the opinion of the society by publicity of certain facets of an investigative process, which could give rise to strong public emotions and prejudice the case of one party or the other, it ought to refrain from taking stances in its presentations which are biased and show a predilection for a particular point of view having enormous potential of deflecting the course of justice. 322. Giving due recognition to the press/media as the fourth pillar of democracy and that it plays a vital role in not only disseminating information t....
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....tion D (infra)." 12. Ultimately the Court framed the following operative directions:- "355. Having given our anxious consideration to all aspects of the matter, we are inclined to the opinion that the press/media ought to avoid/regulate certain reports/discussions/debates/interviews in respect of and/or touching upon any on-going inquiry/investigation into a criminal offence and that only those items are presented for reading/viewing and otherwise perceiving through the senses which are merely informative but in public interest instead of what, according to the media, the public is interested in. No report/discussion/debate/interview should be presented by the press/media which could harm the interests of the accused being inves....
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.... (vii) Pronouncing on the merits of the case, including pre-judging the guilt or innocence qua an accused or an individual not yet wanted in a case, as the case may be; (viii) Recreating/reconstructing a crime scene and depicting how the accused committed the crime; (ix) Predicting the proposed/future course of action including steps that ought to be taken in a particular direction to complete the investigation; and (x) Leaking sensitive and confidential information from materials collected by the investigating agency; c. Acting in any manner so as to violate the provisions of the Programme Code as prescribed under section 5 of the CTVN Act read with rule 6 of the CTVN Rules and thereby inviting cont....