The court asked for the Union government’s response to the matter. (File)
Bombay:
The Bombay High Court on Thursday asked whether it was the media’s job to advise an investigative agency on how it should conduct an investigation.
The remark was made by a bench of Chief Justice Dipankar Datta and Judge GS Kulkarni during the Public Interest Litigation (PIL) hearing against the “media trial” in the actor’s death case Sushant Singh Rajput.
“Does the media have a duty to advise an investigative agency? It is the investigator’s duty to apply his mind (in the investigation),” the court said.
The judges made this comment when lawyer Malvika Trivedi, representing a news channel that was named a respondent, opposed the PID.
Mr Trivedi objected to arguments made by lead lawyer Aspi Chinoy, the lawyer for a group of former police officers who filed one of the PILs alleging that the Mumbai police were disparaged by the media in the Rajput case.
Mr Trivedi said there could be no gag order on the reports. “How do you draw structured lines on the role of the media. What about the Hathras case? Isn’t the role of the media in the case important?” she asked.
The court stressed that PIL is not seeking a gag order but only responsible journalism.
“He (Chinoy) maintains that the media cannot intervene in investigations or declare who is guilty, who is not,” said the bench.
Attorney Chinoy argued that the press, especially news channels, cannot prejudge someone’s guilt, and pointed to a “hashtag” campaign by a news channel calling for arrest of Rhea Chakraborty in the Rajput case.
“Can you imagine the damage that such a hashtag can do? … It is not the news channel’s job to decide anyone’s guilt, create a perception of guilt, or suggest an arrest “, did he declare.
When a channel said “arrest x” in an ongoing investigation, it crossed all lines, attorney Chinoy added.
While the Press Council of India has guidelines for the print media that warn against attribution of guilt during the ongoing investigation, there are no guidelines for the channels, a he declared.
CH asked whether the News Broadcasting Standards Authority (NBSA) had passed orders on complaints received against the news channels.
Attorney Nisha Bhambhani, the attorney for NBSA, said most of the complaints had been heard and “an apology had been sought from the news stations.”
“Is an apology enough,” the court asked.
Lawyer Bhambhani said the NBSA will submit guidelines if necessary. But lawyer Rajesh Inamdar, lawyer for another petitioner, pointed out that most of the news channels were not members of the NBSA.
The court then sought the Union government’s response to the matter on Monday and adjourned the hearing.
Rhea Chakraborty, who faces a suicide case in connection with the death of her boyfriend Sushant Singh Rajput, was released Wednesday by another high court in a drug case related to the case.
