2022 (11) TMI 1451 - HC - Indian Laws

Restraining the respondents from leaking and disseminating any information to the print or electronic media relating to court proceedings including in-camera proceedings - HELD THAT - The Court at this stage deems it appropriate to observe that it hopes and trusts that the news and broadcasting agencies shall bear in mind the aforesaid salutary principles which have been duly enunciated and noticed above while covering the criminal proceedings in question. Pending further consideration, the Court directs the respondent No.5 to 9 to ensure that all broadcasts that are carried with respect to ECIR are in tune with the official Press Releases that may be issued either by the CBI or the Enforcement Directorate and comply with the directives which govern and are noticed in paragraph 7 of this order. Let the matter be called again on 07.02.2023.

Summary

Issues involved:
Petition seeking directions to prevent leaking and dissemination of information to media regarding court proceedings, including in-camera proceedings of a CBI FIR.

Analysis:

1. Alleged Leaking of Information:
The petitioner sought directions to restrain the respondents from leaking information to the media regarding court proceedings, including in-camera proceedings of a CBI FIR. The Court examined press releases and communications issued by the Central Bureau of Investigation (CBI) and the Enforcement Directorate. The Enforcement Directorate clarified that it had not issued any press releases related to the case in question. The CBI presented press releases from specific dates, asserting that the broadcasts did not correlate with information provided by the investigating agencies. The Court acknowledged safeguards in place by the Special Judge overseeing the trial to protect all parties' interests during the investigation.

2. Examination of Broadcasts and Compliance:
The Court directed respondent No. 4 to review the broadcasts in question and assess their compliance with the Code of Ethics and Broadcasting Standards. Additionally, the petitioner was allowed to include the News Broadcasters and Digital Association (NBDA) as a respondent. The Court emphasized the importance of accurate reporting and the potential impact of irresponsible news broadcasts on ongoing investigations, referencing a previous judgment by the Bombay High Court.

3. Applicability of CTNV Act and Rules:
The Court recognized the applicability of the Cable Television Networks (Regulation) Act and Rules concerning broadcasts related to ongoing investigations. Specific sub-rules were identified to regulate media trials that could adversely affect criminal investigations. The Court highlighted the importance of restricting certain reports, discussions, and interviews to ensure fair investigation and trial processes.

4. Directions to Press/Media:
Operative directions were framed for the press and media to exercise restraint in reporting on ongoing criminal investigations. Prohibitions included avoiding prejudicial references to accused/victims, holding interviews with relevant parties, and leaking sensitive information. The Court emphasized the need to preserve the sanctity of the criminal justice system and protect the interests of all involved parties.

5. Future Compliance and Monitoring:
The Court directed respondents to ensure that all broadcasts related to specific FIRs are aligned with official press releases and comply with directives outlined in the order. The matter was scheduled for further consideration on a specified date to monitor compliance with the issued directions and regulations.

This judgment underscores the significance of responsible reporting in legal proceedings and the need to balance freedom of the press with the integrity of ongoing investigations and trials.