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An application under Section 207 of the Code of Criminal Procedure (CrPC), was moved in the Delhi Chief Metropolitan Magistrate court on behalf of Umar Khalid who was accused of being involved in the recent Delhi riots conspiracy.
The applicant submitted that certain false and malicious content was being published against him by the media. He stated that the media published news pieces that essentially paint him as an anti-national, anti-Hindu, Radical Islamist and other reports which claim that he had made a confession of his involvement in the riots. Stating that no statements of confession regarding his involvement in the crimes committed during the course of Delhi riots, the applicant submitted that such erroneous publications may have a grave effect on his trial, hence, violating his right to fair trial which falls under the scope of Article 21 of the Indian Constitution. The applicant sought that necessary actions be taken in order to regulate the media.
Noting the submissions of the applicant, the court highlighted the responsibility and necessity of the media to ensure that their publications include information that is reliable and provide complete information to its readers. The court further held that the media cannot publish news items that act as a legal stance on a certain issue without complete verification of facts since such a publication would amount to misinformation which may lead to a presumption of guilt by the readers, hence violating the person’s dignity and right to a fair trial. Additionally, the court stated that such acts perpetuate ‘media trials,’ hence violating the basic principles of criminal jurisprudence and procedure of law. The court ordered the media reporters to follow self-regulation while reporting news about cases that are pending investigation.
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