Twitter
Advertisement

Dissatisfied with vague Maharashtra government circular on gag order on cops, prosecutors: Bombay high court

Latest News
article-main
FacebookTwitterWhatsappLinkedin

Despite specific directions from the Bombay high court, the state government is once again said to have issued a "vague" and "unsatisfactory" circular with regard to gag order on police officers and prosecutors from disclosing details of ongoing investigation to media.

A division bench of justices Abhay Oka and Ajey Gadkari has asked the government to issue a fresh circular and present it by October 31.

The circular, which was place before the HC by Abhinandan Vagyani, said that with regard to the gag order on police and special public prosecutors, proper "care" would be taken so that information was not disclosed to media.

The circular read: "Care will be taken to see that arrested persons will not be paraded before media." It adds that "care" will be taken so that identities of victims and witnesses are not revealed to media.

"Investigating officer, senior police officer, public prosecutor and special public prosecutor should take care while speaking to media regarding ongoing investigation and court proceedings. Also, care should be taken to see that there is no media trial," adds the circular.

After going through this, the judges remarked that the circular was very vague as it does not include specific restraining orders on police officers and special public prosecutors, and just asks them to take "care".

"This is unsatisfactory. Issue a new circular. We will continue to ask you to issue circulars till the time we are satisfied that (it) is proper," said justice Oka.

This is the second time that the HC has asked the government to modify its circular. Earlier this month, it had asked the government to modify its circular imposing restriction on the police from talking to the media regarding investigation into an ongoing case, and had asked to bring public prosecutors and special public prosecutors within its ambit as well, observing that the same could affect the quality of the probe.

The HC was hearing a public interest litigation filed by advocate Rahul Thakur seeking restraint on trial by media, saying it infringed on the right of accused to have a fair trial.

What the PIL contends
The PIL has contended that 'overzealous sections of the media' had a tendency to infringe upon fundamental rights like privacy, fair trial and dignity of the citizens. It mainly objects to the police parading an accused before the press, using gory pictures and revealing names of an accused and their relatives. The petitioner said this estranged an accused from the society and attached stigma to him/her. The PIL also opposes the media portraying an accused as a convict even before the trial. Citing Supreme Court judgments, the petitioner said the right to freedom of speech was not an absolute right and was subject to certain restrictions, and that the state could impose certain liberties granted to the media.

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement