The Delhi High Court questioned Arnab Goswami on Thursday for conducting a parallel investigation and trial in the death case of the wife of Congressional Leader Shashi Tharoor, Sunanda Pushkar, and ordered the journalist to pledge to show restraint and tear down the rhetoric while covering the matter.
Judge Mukta Gupta said the court was not saying that no one would muzzle the media, but at the same time, the sanctity of the investigation must be maintained.
“Please show restraint. Once the police investigation in the criminal case progresses, there cannot be a parallel investigation by the media, “said the judge, noting that people must take a course in criminal proceedings and then enter journalism.
The higher court referred to the order of December 1, 2017, which stated that “The press cannot ‘convict anyone’ or imply that they are guilty or make any other unsubstantiated claim. The press should exercise caution and caution when reporting matters that are under investigation or pending trial. “
It has been noted in the 2017 order that the journalist’s lawyer and the channel assured the court that in the future they would act with restraint and demolish the ‘rhetoric’.
On Thursday, the judge said: “Therefore, the defendants (Goswami and his channel) should be bound by the statement made on their behalf by their lawyer until the next hearing date.”
Regarding the channel’s claim that they have evidence with them, the judge questioned them saying “were they at the scene? Are you an eyewitness? There is some sanctity attached to the investigation. ”To this, defender Malvika Trivedi, on behalf of Goswami, said there was evidence from AIIMS, based on which a certain broadcast was aired.
The judge said that it was up to a court of law to decide what was evidence in a criminal trial and there are statements from here and there that are not evidence.
“Can the media appeal against the charge sheet presented by an investigative agency?” The judge asked.
“It is not a reflection of the plaintiff (Tharoor) but of the investigating agency. Can there be an investigation or a parallel trial? … Wouldn’t you like the courts to go their own way? “Said the judge.
The high court was hearing a request from Congressman Tharoor seeking an interim injunction against Goswami, editor-in-chief of Republic TV, to make defamatory comments against the leader.
Tharoor’s complaint relates to the broadcast of the programs that named him on the TV channel in July and August and in the broadcast, the journalist has claimed that they have investigated Sunanda Pushkar’s case better than the police and that he has not yet no doubt that Pushkar was killed.
Lead defenders Kapil Sibal and Vikas Pahwa, representing Tharoor, said that the police have filed a charge sheet in the case and that he has been cited for the alleged crime of complicity in suicide, so how can the journalist abuse him and claim there was a murder? .
The request, submitted through lawyers Gaurav Gupta and Muhammad A Khan, sought to instruct the journalist to report only on matters that are factually correct or established.
The higher court noted that the Delhi police have filed a charge sheet in the lower court that has taken notice of it and has been cited under Sections 306 (Complicity in suicide) and 498A (Cruelty to married women). ) IPC in light of the investigation carried out by the agency.
The high court sought the journalist’s response to Tharoor’s request and listed the matter for a further hearing on November 20.
In the order of December 1, 2017, the high court had said that Goswami and his channel have the right to air their stories and the same cannot be restrained, but it must be moderate and balanced.
The 2017 court order came about in three different requests filed by Tharoor in his two million rupee defamation lawsuit against Goswami and the channel for allegedly making defamatory comments against him while broadcasting news related to his wife’s mysterious death.
Pushkar was found dead in a suite of a five-star hotel in South Delhi on the night of January 17, 2014 under mysterious circumstances. Tharoor has alleged that they continued to “defame and defame him” despite the assurances given by his lawyer in court on May 29, 2017.
On May 29, 2017, the court had said that the journalist and his news channel could publish stories stating the facts related to the investigation into Pushkar’s death, but could not call the Lok Sabha MP from Thiruvananthapuram “a criminal. “. The leader of Congress has asked them for instructions not to mention the expression “assassination of Sunanda Pushkar” anywhere, since a competent court has not yet established whether his death was a “murder”.
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