The Delhi High Court on Friday ordered the Delhi Police to ensure there was no leakage to the media of documents relating to its investigation into the FIR against climate change activist Disha Ravi, arrested in connection with the ‘toolkit’ case.
Justice Prathiba M. Singh, however, said the Delhi Police could conduct press briefings on the case “as per law and its office memorandum, so long as no rights of the individuals are violated”.
The High Court’s direction came on Ms. Ravi’s plea seeking to restrain Delhi police from leaking any investigation material relating to her case to the media.
The 22-year-old has stated that she “is severely aggrieved and prejudiced by the media trial surrounding her arrest and the ongoing investigation, where she is being viscerally attacked by the Respondent No. 1 (Special Cell, Delhi Police) and several media houses…on the basis of leaked investigative matter”.
The High Court said that it had viewed some of the new channel videos, which had been placed on record, and other material from websites and tweets.
‘Sensationalist coverage’
“Recent coverage by the media definitely shows that there is sensationalism and prejudicial journalism undertaken by the media houses,” Justice Singh remarked and added, “The channel editors shall ensure they exercise proper editorial control so that the investigation in the petitioner’s case is not in any manner hampered”.
With the Delhi Police taking an unequivocal position that they were not responsible for leaking messages or investigative material to media houses, the High Court said, “The right of the individual has always to be balanced with the right of the public interest”.
“The media play a very important role in ensuring that there is no sensationalism and they indulge in responsible journalism,” the High Court said, adding, “While police briefings and reporting on happenings on court proceedings etc. can all be broadcast and disseminated, the investigation material ought not to be disseminated in a manner so as to prejudice the investigation”.
The court ordered the police to abide by the affidavit, in which it has claimed that there was no leakage of any documents from its side, and also the office memorandum on media policy.
Directive to media
The High Court also said, “The media houses shall also ensure that the information published by them is from verified sources…The editorial team of the respective channel shall ensure that only such news are published which have been verified”.
Ms. Disha pleaded for action against News18, India Today and Times Now for publishing contents or extracts of her private WhatsApp chats, claiming it to be “violative of fair trial rights and right to privacy”.
Ms. Disha, a resident of Bangalore, was arrested in connection with an FIR registered on February 4. The plea claimed that she was flown overnight to New Delhi without obtaining transit remand, in flagrant violation of her constitutional rights.
“The further publication and dissemination of the Petitioner’s private alleged WhatsApp chats by media houses, including Respondent Nos. 4-6 [News18, India Today and Times Now], is a clear violation of the provisions of the Cable Sections the Cable Televisions Networks (Regulation) Act, 1995 (CTN Act), the Programme Code and the Uplinking and Downlinking Guidelines,” the plea added.
The petition has also claimed that the Delhi Police on February 14 tweeted from its official Twitter handle, “Disha Ravi, arrested by CyPAD Delhi Police, is an Editor of the Toolkit Google Doc & key conspirator in document’s formulation & dissemination…”
This, she said, was in “direct violation of the Ministry of Home Affairs Office Memorandum dated 01.04.2010 Advisory on Media Policy of Police, because they outright prejudge the guilt of the Petitioner and disclose confidential and prejudicial information about the status of investigation”.
