The Delhi high court on Wednesday observed that the telecast of the recording of narco analysis conducted on Aaftab Amin Poonawala, the sole accused in the Shraddha Walkar murder, will prejudice the case and restrained all news channels from displaying or playing content of the charge sheet filed in the matter.
The high court also directed the Centre to ensure that no news channel displays such material till disposal of the petition filed by the Delhi police.
The order was passed on a plea by the Delhi police for restraining media houses from publishing, printing and disseminating confidential information contained in the charge sheet and other such material collected during the course of investigation.
”This is really very, very strange. What purpose will be served by showing or telecasting this narco analysis test on television? This will definitely prejudice the case,” Justice Rajnish Bhatnagar said orally.
Special Public Prosecutor Amit Prasad, appearing for the police, said it was obviously for TRPs (television rating points) and added that airing of such content may lead to law and order problem.
He submitted that Aaj Tak news channel has got access to a video of the narco analysis of the accused and it was restrained by the trial court from showing it or any such content till April 20.
However, he said, an order needs to be passed against all other channels also as the video might have been shared with others and, if telecast, it would prejudice the right of the accused to fair trial.
The high court also issued notices to and sought the response of the Centre, through the ministry of information and broadcasting, Aaj Tak news channel and Poonawala on the Delhi police's petition and listed it for further hearing on August 3.
”No media channel having access to this material shall display or play this material on their channel. In the meanwhile, Union of India shall ensure that no such material is displayed or played on any channel in whatsoever manner,” Justice Bhatnagar said.
As the judge sought to know how the video reached the news channel, Prasad said it was leaked and, if the journalist concerned makes copies of the footage and distributes them further, then there will be no control.
The prosecutor claimed the video footage was not provided to the journalist either by the police or anyone from the side of the accused. He said an FIR needs to be registered to investigate as to how the sensitive content got leaked.
He said since the authorities are not aware about which other channels have access to the video, a direction be issued to the ministry of information and broadcasting to issue instructions or guidelines to news channels not to display such material till the disposal of the petition.
Poonawala is accused of strangling his live-in partner Walkar and chopping her body into pieces in Mehrauli here on May 18 last year. He stuffed the body parts into a refrigerator before scattering them across multiple places in the national capital over several days to avoid detection.
The Delhi police had filed a 6,629-page charge sheet in the case on January 24.
The Delhi police had earlier filed an application before the trial court seeking direction for restraining Aaj Tak news channel from utilising in any form the material related to the charge sheet.
The court had then taken on record an undertaking by the counsel for the news channel stating it will not telecast, publish or disseminate the contents of the Psychological Assessment and Voice layered test, narco analysis and conversation recorded on the App of Dr Practo till April 20.
The Delhi police has also sought direction to Aaj Tak to ensure digital evidence procured by it through ”unauthorised means” is submitted before the court.
”The media houses have no vested right to use the material of investigation inasmuch as the charge sheet is not a public document and is not to be used for the purpose of advancing its business to the detriment of larger public interest of affording fair trial to the accused. Hence, the trial court should have completely restrained the respondent no. 2 from using any part of the charge sheet,” the plea said.
It said the right to fair trial includes right to be tried in an atmosphere free from prejudice or else the trial itself may be vitiated on this ground alone causing irreparable, irreversible and incalculable harm and damage to criminal justice delivery system.
