A sessions court on Monday directed TV news channel Aaj Tak not to telecast the contents of the narco analysis and psychological assessment conducted on Aaftab Amin Poonawala, the accused in the Shraddha Walkar murder case, for three days.
Additional Sessions Judge Manisha Khurana Kakkar granted the Delhi police liberty to approach a higher court for exercising the remedy sought in its application for restraining Aaj Tak and other media channels not to telecast material related to the FIR registered in the case.
Referring to a January 2023 judgment of the Supreme Court, ASJ Kakkar said the charge sheet and its contents are not in the public domain and do not fall within the domain of the Right to Information (RTI) Act.
"The publication of the said document, especially the CCTV footage, can severely prejudice the right of fair trial of the accused as enshrined under article 21 (protection to life and personal liberty) of the Constitution of India and the channel cannot be allowed to telecast the content of the same so as to conduct media trial," the judge said.
She also referred to a 2001 judgement of the Delhi High Court, according to which, once proceedings have commenced media has no role to play in the administration of justice.
The court then noted an undertaking by the counsel for the news channel stating it will not telecast, publish or disseminate the contents of the Psychological Assessment and Voice layered test, narco analysis and conversation recorded on the App of Dr Practo for the next three days till April 20.
"Thus, in view of the undertaking given on behalf of the said channel in the court today and in view of the aforesaid judgments, the said channel shall not telecast Psychological Assessment and Voice layered test, Narco Analysis and conversation recorded on the App of Dr Practo/documents as well as charge-sheet and CCTV footage for the next 3 days that is till April 20," the court said.
The judge, meanwhile, orally said Delhi Police was at liberty to approach the appropriate constitutional or higher court for exercising the remedy sought in the application.
"You (Delhi Police) might also approach the constitutional court and exercise your remedy...You need an order that will help you with other channels also...It would be in your favour to get an order from a higher court," the judge said.
The court also said a specific query was put to the counsel for the news channel as to how it got possession of the digital content, but the advocate "evaded" the question and chose not to disclose the source of the said content even though he admitted the said content is available with the channel.
The court has posted the matter for further proceedings on April 20.
During the Monday's proceedings, which continued for an hour, Special Public Prosecutor Amit Prasad argued that digital material is sensitive in nature, and if telecast, it would prejudice the right of the accused to a fair trial, besides impacting the law and order situation.
He said, "A media trial creates a bias not only in the minds of the general public but also puts pressure on the court while taking decisions." The advocate for Aaj Tak argued there is no provision under the code of criminal procedure (CrPC) which could empower the present court to pass any such restraint order and that there are precedents to the effect that only constitutional courts (Supreme Court and high courts) have such inherent power.
He also argued no prejudice is likely to be caused to the accused in case such content is telecast.
Earlier on April 10, the Delhi Police had filed the application, following which a link court restrained the news channel from utilising in any form any material related to the charge sheet and posted the matter for April 17 for a detailed hearing.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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