The Delhi High Court on Friday directed TV channels to exercise proper editorial control to see that the ongoing investigation in the toolkit case was not hampered, as recent press coverage following the arrest of climate activist Disha Ravi from Bengaluru showed 'sensationalism'.
The court also asked the Delhi police to abide by the Ministry of Home Affairs guidelines of April 1, 2019, on sharing details of the investigation in the case.
"The print and electronic media play a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. While police briefings and the happenings in court proceedings, etc can also be broadcast and disseminated, leaked investigation material ought not to be disseminated so as to prejudice the investigation," a single-judge bench of Justice Pratibha M Singh said.
In a related development, 22-year-old Disha was produced before a Delhi court after five-day of custodial interrogation. The court sent her to three-day judicial custody on a request by the police. Her bail plea is scheduled to come up for a hearing before the sessions court on Saturday.
In an interim order on a plea by Disha to restrain the media, the High Court said the right to privacy, the sovereignty and integrity of the country, and freedom of speech need to be balanced.
"Media houses shall also ensure that the telecast/broadcast by them is from verified/authenticated sources, though the sources need not be revealed," it said, pointing out regulation of content in print and electronic media has been a very contested issue across the world and India is no exception to it.
However, the police or other investigation authorities would be, entitled to conduct their briefings, so long as no rights of the petitioner are violated, the court further said. It also said if the charge sheet was filed and made public, dissemination of information cannot be interdicted.
The Delhi Police, led by Additional Solicitor General S V Raju, for its part, claimed that it has not leaked anything in media. It claimed an attempt was being made to malign the investigating agency.
Disha was arrested on February 13 from Bengaluru for allegedly editing a toolkit document to gather support in social media on farmers' protest. She sought a direction to restrain TV channels from publishing alleged WhatsApp chats with Swedish activist Greta Thunberg, in order to protect her right to privacy, reputation and fair trial.
The court also took on record an assurance by Disha's counsel, senior advocate Akhil Sibal that the petitioner or any other person directly associated with her would not intend to indulge in any kind of maligning of the police or the investigating authorities. Sibal contended half-baked and speculative information was leaked by the police.
The court, while refraining to direct TV channels News 18, Times Now and India Today to take down "objectionable contents", posted the matter for a detailed hearing on March 17 for the purpose.