Begin typing your search above and press return to search.
proflie-avatar
Login
exit_to_app
DEEP READ
Munambam Waqf issue decoded
access_time 16 Nov 2024 10:48 PM IST
Ukraine
access_time 16 Aug 2023 11:16 AM IST
Foreign espionage in the UK
access_time 22 Oct 2024 2:08 PM IST
Netanyahu: the world’s Number 1 terrorist
access_time 5 Oct 2024 11:31 AM IST
exit_to_app
Homechevron_rightIndiachevron_rightTo prevent news...

To prevent news outlets from using FIR, court asks Delhi Police to appeal to higher court in Mehrauli murder case

text_fields
bookmark_border
To prevent news outlets from using FIR, court asks Delhi Police to appeal to higher court in Mehrauli murder case
cancel

New Delhi: A Delhi court ordered Aaj Tak news channel to wait until the next hearing before airing the results of Aaftab Amin Poonawala's narcoanalysis and psychological evaluation, the accused in the murder of Shraddha Walkar.

The Delhi police were permitted by additional sessions Judge Manisha Khurana Kakkar of the Saket Court Complex to pursue the remedy they sought in their appeal to prevent news networks from airing or publishing any content relevant to the FIR filed in the case.

"The publication of the said document, especially the CCTV footage, can severely prejudice the right of fair trial of the accused as enshrined under Article 21 (protection to life and personal liberty) of the Constitution of India, and the channel cannot be allowed to telecast the content of the same so as to conduct a media trial," Kakkar said.

She also cited a Delhi High Court ruling of 2001 that said the media has no place in the administration of justice once the proceedings have begun.

The court then took note of an undertaking by the news channel's lawyer that it would not broadcast, publish, or otherwise make available the contents of the voice layered test, narco analysis, or conversation captured on Dr Practo's App, for the following three days.

"Thus, in view of the undertaking given on behalf of the said channel in the court today and in view of the aforesaid judgments, the said channel shall not telecast psychological assessment and voice layered test, narco analysis and conversation recorded on the App of Dr Practo/documents as well as charge sheet and CCTV footage for the next three days, i.e., till April 20," the court said.

"You (Delhi Police) might also approach the constitutional court and exercise your remedy. You need an order that will help you with other channels also. It would be in your favour to get an order from a higher court," the judge said.

Amit Prasad, a special public prosecutor, claimed that because digital content is sensitive by nature, broadcasting it would jeopardise the accused's right to a fair trial in addition to having an adverse effect on law and order.

He said: "A media trial creates a bias not only in the minds of the general public, but also puts pressure on the court while taking decisions."

The advocate for Aaj Tak argued that there is no provision under the Code of Criminal Procedure (CrPC) which could empower the present court to pass any such restraint order and that there are precedents to the effect that only constitutional courts (Supreme Court and High courts) have such inherent power.

He added that no prejudice is likely to be caused to the accused in case such content is telecast.

On April 10, the prosecution had claimed that such a telecast would be damaging, not only for the case but will also impact the accused and the family members of the victim.


With inputs from IANS 



Show Full Article
TAGS:Aaftab PoonawalaMehrauli
Next Story