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TMI Blog2022 (11) TMI 1451X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... ual examination of those releases in juxtaposition with the broadcasts which have constrained the petitioner to approach this Court would indicate that there is simply no correlation between what was broadcasted and the information which was provided by the investigating agencies in the public domain. Mr. Sharrma takes a stand identical to that adopted by the Enforcement Directorate that no details of the investigative process were divulged by any person of the CBI to the news broadcasters. This is, therefore, not a case where at least at this stage it can be said that information was selectively leaked or provided by the investigating agencies. 5. The Court also bears in mind the various safeguards which have been structured and put in pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le news broadcasts designed only to sensationalise may have on an ongoing investigation and what is now commonly termed as a "media trial" was elaborately considered by a Division Bench of the Bombay High Court in Nilesh Navalakha vs. Union of India, [2021 SCC OnLine Bom 56] where the following pertinent observations came to be made:- "232. Notwithstanding that freedom of speech is the bulwark of a democratic government and the role of the press/media to discover the truth and to ensure proper functioning of the democratic process is undoubtedly salutary, at the same time, the press/media must remember that its concern for discovery of truth and maintenance of purity in all streams of good governance by opening up channels of free discuss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... telecast which are in the nature of a media trial having adverse consequences on an ongoing criminal investigation. These sub-rules would have omnibus application and would apply to situations of a media trial at all the stages including when the process of criminal law is set into motion on registration of an FIR resulting into arrest and till the trial is complete and to further judicial proceedings before the Court. 284. For the reasons so discussed, we answer the question by recording our firm opinion that the matters which are pending investigation on a criminal complaint clearly fall within the restriction as contained in the Programme Code as stipulated under section 5 of the CTVN Act and Rule 6 of the CTVN Rules." 11. Turning th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belied and the self-regulatory mechanism has failed to deliver in adequate measure in keeping erring media houses under check. It is now time that some corrective action is taken, lest judicial independence remains only on paper and right-thinking people start losing faith in the justice delivery system and doubt the capacity of the Courts to correct what needs to be corrected. 325. Question no. 5 is, thus, answered by observing that regulation of reporting by the media amounting to a „media trial‟ is necessary but limited to securing the rights of others under Article 21 as well as to preserve and maintain the sanctity of the criminal justice system of the country, to the extent delineated by us while we answer Question D (in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sses and/or any of their family members and displaying it on screen; (iii) Analyzing versions of witnesses, whose evidence could be vital at the stage of trial; (iv) Publishing a confession allegedly made to a police officer by an accused and trying to make the public believe that the same is a piece of evidence which is admissible before a Court and there is no reason for the Court not to act upon it, without letting the public know the nitty-gritty of the Evidence Act, 1872; (v) Printing photographs of an accused and thereby facilitating his identification; (vi) Criticizing the investigative agency based on halfbaked information without proper research; (vii) Pronouncing on the merits of the case, including pre-judging the guilt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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