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Restrain cops from giving media info of ongoing probes: HC

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Observing that police officers disclosing the identity and photograph of an accused in cases still under investigation to the media could affect the quality of the probe, the Bombay high court has asked the state to issue a restraining order to its police officers.

A division bench of justices Abhay Oka and AS Chandurkar on Thursday asked the government to frame a policy restraining policemen from disclosing information to media before filing of the charge sheet as it amounts to infringement of fundamental rights of the victim and the accused.

However, as framing a policy decision may take time, HC said: "The government should issue direction to police officers imposing certain restrictions with a view to prevent infringement of the rights of the accused and to ensure that the investigations are not adversely affected."

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 an accused to have a fair trial.

The judges, however, observed: "We are not entering into wider issues as to what can be printed by media, but only on what can be disclosed by police officers pending investigations."

While admitting the PIL, the judges have asked the home secretary to file an affidavit stating compliance of the direction by September 29.

"The issues not only concern fundamental rights of the accused, victims of offence and their family members but also concern the administration of justice on the criminal side," observed HC.

Thakur argued that, at times, police officers even disclose the statement of witnesses recorded during the course of investigation.

"After recording statements of witnesses, police officers disclose the contents of the statements and sufficient particulars by which witnesses can be easily identified," observed HC.

"If pending investigation, all particulars, including statements of witnesses are revealed, the accused can take undue advantage of it."

What the PIL contends
Advocate Rahul Thakur's PIL contends that "overzealous sections of the media" had a tendency to infringe upon fundamental rights, such as privacy, fair trial and dignity of the citizens. He mainly objects to the police parading an accused before press cameras, using gory pictures and revealing the names of accused and their relatives. He 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, Thakur said the right to freedom of speech was not an absolute right but was subject to certain restrictions, and that the state could impose certain liberties granted to the media.

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