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Bombay HC Rejects Republic TV's Contention
The Bombay High Court on Monday delivered the judgement on the entire menace of “media trials” done by Republic TV and Times Now against Mumbai Police in the Sushant Singh Rajput death case. the judgement was delivered by a bench consisting of Chief Justice Dipankat Dutta and Justice GS Kulkarni. The Court observed that if a media agency including a TV channel or a News channel has an incriminating evidence against a person involved in a crime, it is bound to report and provide such piece of information to the concerned police officer. It also said that it need not be a part of their daily news coverage, but it is the duty to provide information under sections 37 to 39 of the CrPC for facilitating a proper evidence.
The Bench also remarked how the media plays a crucial role in moulding the opinion of the public by publicizing certain facts of the investigation. This also leads to prejudice against a particular party which is why the media should refrain from taking sides or be biased in representing a case. the court held that the incriminating evidence that the media agencies get hold in their trial of “investigative journalism”, it should not be published but given to the investigating officer.
The Court concluded that the media coverage done by the Republic TV and Times Now against Mumbai Police is “contemptuous” prima facie. The Bench also relied on the case of Rhea Chakraborty v State of Bihar & Ors. Where the Supreme Court recorded that there was no wrong doing on the part of the Mumbai Police. The Bench also laid down a list of indicative but not exhaustive list of reports that tend to cause prejudice to ongoing investigations.
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