TMI Blog2021 (2) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 country - the right to free speech are equally protected and balanced. The various cases which are placed on record have laid down two principles which are clear that the right of the individual has always to be balanced with the right of the public and the public interest which is involved. The print and electronic media plays a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. Recent coverage by the media definitely shows that there is sensationalism. While police briefings and the happenings in Court proceedings etc. can also be broadcasted and disseminated, leaked investigation material ought not to be disseminated so as to prejudice the investigation. The Delhi Police will strictly abide by the affidavit dated 18th February, 2021, which has been filed today as also the Office Memorandum dated 1st April, 2010, which is, admittedly, still in operation. The Delhi Police or other investigation authorities would, however, be, in terms of the said OM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 private messages and interventions which were broadcasted. Some of the bulletins also made allegations that she is associated with various illegal and unlawful groups. It is the submission of Mr. Akhil Sibal, ld. Senior Counsel appearing for the Petitioner that the official Twitter handle of Delhi Police released various comments about the investigation which is going on and these formed the basis of the reports by the News channels. He also alleged that the Petitioner apprehends that various messages were leaked by the police to the media. He submits that there are four reliefs that the Petitioner claims in this writ petition. Firstly, that the alleged WhatsApp conversation ought to be removed from the public domain and the police should be directed not to disseminate anything, which is not part of the public record. Secondly, media houses ought to be directed to comply with the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les. 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 Broadcasting Standards Authority (NBSA), Ms. Nisha Bhambani, ld. counsel submits that at the outset, the NBSA has no jurisdiction over tweets or internet articles. It is the authority working under the News Broadcasters Association (NBA) and has nine Members and is headed by a retired Supreme Court Judge. She submits that no complaint has been received by the NBSA till date and if any complaint is received, the same shall be considered in accordance with the code of conduct applicable to the Members of the NBA. Ld. counsel further confirms that the three TV channels which are impleaded in the present petition are Members of the NBA. 9. Mr. Mrinal Bharti, ld counsel on behalf of News 18, submits that he wishes to take instructions in the matter as he has been served with the paper book just a few hours ago. He wishes to verify the various broadcasts and submits that his channel wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mportance. 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 nature of the investigation that is currently taking place. The third aspect would be the right to free speech and the right of the public to know. Repeated judgments of various courts including the Supreme Court of our country have laid down broad principles and guidelines in order to ensure that a correct balance is struck. 14. Needless to add that in order to adjudicate the issues which have arisen in the present petition, a detailed hearing would be required, inasmuch as a number of Respondents have not an opportunity to respond to the allegations made in the petition as also peruse the material that has been handed over to the Court today. Thus, time would have to be granted to the Respondents to file a reply to the application for interim relief. 15. However, the question at this stage is whether the present state of affairs ought to continue. This Court has had the oppor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led 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 country - the right to free speech are equally protected and balanced. The various cases which are placed on record have laid down two principles which are clear that the right of the individual has always to be balanced with the right of the public and the public interest which is involved. 19. The print and electronic media plays a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. Recent coverage by the media definitely shows that there is sensationalism. While police briefings and the happenings in Court proceedings etc. can also be broadcasted and disseminated, leaked investigation material ought not to be disseminated so as to prejudice the investigation. 20. Accordingly, without making any further observations, on the various issues which have been raised and would be adjudicated in the present petition, the following directions are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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