Updated: October 20, 2020 7:24:51 am
Noting that the police were conducting their own investigation, the court said it hoped they would find out how the documents were leaked and put his house in order. The court said it would also monitor what action the police take.
On Monday, the Delhi High Court questioned Zee News for making public the alleged “disclosure statement” of a defendant in a case related to the northeast Delhi riots, saying it was not a prosecution agency and the document, that it has “little probative value” in a trial, it has been portrayed as something that “fully accuses a person.”
“It is a misrepresentation of the facts of another level,” observed Judge Vibhu Bakhru. Saying that the documents “were not supposed to be removed and published,” the court asked Zee News to file an affidavit and reveal the source of the alleged confession of the accused.
The court also rejected the channel’s request that it be allowed to reveal the name of the journalist, who received the statement, on a sealed cover. “You make (public) documents that are not supposed to be taken out and you want your name withheld,” the court told attorney Vijay Aggarwal, who appeared for Zee News.
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Sole Judge Bench was listening to a petition filed by Jamia Millia Islamia’s student Asif Iqbal Tanha against the alleged leak of his “disclosure statement” by the police to the media.
Last week, the court had asked Zee News to reveal its source after Delhi police said none of its members had leaked the alleged statement.
Aggarwal argued that the journalist cannot be asked to reveal his source as it is about the issue of privilege, and journalists obtain information based on an understanding with their sources. He referred to Section 15 (2) of the Press Council Law, which protects “any newspaper, news agency, publisher or journalist” from the disclosure of “the source of any news or information published by that newspaper or received or reported by that news agency. ” , editor or journalist ”during the proceedings before the Press Council of India.
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He also referred to a “proposed” provision from a 1983 Law Commission report. However, the court noted that something that is not in the statute book cannot be trusted.
Aggarwal said that the court has to weigh between the constitutional rights of two people and that the petitioner had previously “confessed” that he “did not take into account the Constitution of India.”
“I think you are crossing a line here. You have no material to make this accusation. You are not the prosecution. We have discovered that your conduct, prima facie, has been negligent … the police themselves have launched a surveillance investigation (into) how you accessed documents that should not have been leaked in the first place. Please refrain from making accusations against the petitioner, ”the court said.
Saying that the documents “were not supposed to be removed and published,” the court said Article 19 (1) (a) was not an “unlimited right” that can be expanded and has no limitations. “It seems there is no doubt about it (document publication). The officers who took him out … are going to face a surveillance investigation, ”he said. “Prima facie, we don’t think he has any argument … but we will give him the consideration he deserves,” he said.
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Questioning the right of the news channel to make the document public when the charge sheet was not presented and even the defendant did not have access to it, the court said it would examine whether Article 19 (1) (a) (right to freedom of expression and expression) allows the publication of the newspapers of the case at that stage of the investigation.
The court said that if it finds that there is no right that allows such documents to be published “at a certain time,” it will also examine what steps need to be taken. “Would an acknowledgment that they have been negligent be enough … there must be something effective,” he said.
The court asked the attorney representing the petitioner to assist him with the next steps required, should he accept the argument that there was “irresponsible behavior on the part of the journalist,” and examine whether further warrants would be required. “… If they are going to be prosecuted, under what disposition … what are the remedies that would be available to anyone who is harmed by this.”
The court also asked Aggarwal if the channel would be willing to publish an acknowledgment that he had been negligent, and what would be the appropriate procedure in the event that the court disagrees that the channel has a right under Article 19 (1) (a) take and publish the documents.
The court asked if the editor of the news channel was unaware that the documents were not going to be released and were part of the police files, which were not yet public. Aggarwal responded that journalists release various documents that are not public. The court asked the channel to put its answer in an affidavit.
Noting that the police were conducting their own investigation, the court said it expected them to find out how the documents were leaked and put his house in order. The court said it would also monitor what action the police take.
Tanha, in her petition, had alleged that the timing of the “leak” and “publication of this false information allegedly from the police files, at a time when the petitioner’s bail request is pending before the court of first instance. , creates a reasonable apprehension. ” that an attempt is being made to subvert the justice process ”.
He asked the court to direct Zee News, OpIndia, YouTube and Facebook, who are the defendants in this case with DCP Special Cell, to record sensitive / confidential information and issue guidelines on media reports of criminal investigations in course.
The next hearing is scheduled for Friday.
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