If the Supreme Court has its way and its mandate is enforced sincerely, there would be little trickling of half truths regarding an accused or a victim of crime.
If there is any such leak of information by the media-savvy police men, exemplary damages could be imposed
on them.
A constitution bench of the top court on Wednesday granted liberty to a petitioner to file his submission on the need to direct all police commissioners and directors general of police in the country to stop leakage of information to media in connection with a case under investigation.
The bench headed by Chief Justice SH Kapadia is concerned with the striking a balance between the freedom of expression and the right to privacy and dignity of human beings.
The bench said submissions should also deal with applying brake to the investigating agencies who rush to the media with pot full of unconfirmed inputs disregarding the damaging that could be caused to a suspect or a victim of crime.
A slain 14-year-old Arushi Talwar is among many victims of heinous crimes who became a target of character assassination by the investigators.
The counsel appearing in this lawsuit would also press on the need for imposing exemplary damages against erring investigating agency and action against an individual police official. The petitioner said the basic right to life with dignity can’t be sacrificed at the altar of investigation or freedom of expression.
Thus, all the police stations must put up boards listing the statutory rights of an accused and the fundamental right such the right to maintain silence during the questioning by investigators.
Another pending lawsuit which would now get the court’s attention is for a direction to the authorities to take criminal action against a magazine and its editor for publishing the “confessional statement” that was purportedly given by an accused during his investigation in a criminal case.
The bench has asked all these petitioners to file their detailed submissions by April 10.
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