Delhi HC Issues Notice On Plea Against Media Coverage Of Sensitive Information About Riots Accused

The Delhi High Court on Monday issued notice to the Delhi Government, Delhi Police etc., in a writ petition filed by an accused in a case related to Delhi riots challenging the publication of sensitive information about his case by few media houses.

The petition filed by Asif Iqbal Tanha alleged that the Delhi police had leaked confidential information about him to some media houses, which resulted in them publishing reports to the effect that he had confessed to inciting and organizing communal riots which took place in North East Delhi during the last week of February 2020.

The petitioner contended that he was coerced by the police officials to sign certain papers and make statements when he was under custody. He alleged that the police officials, with the mala fide intention of prejudicing his case, leaked the statements to certain media houses, which published sensational reports about him. He asserted that the statements were not voluntary and were hence inadmissible in evidence.

The writ petition sought directions to the media houses and also to Facebook and YouTube to take down the sensitive information published about the petitioner and to order inquiry into the "misconduct" of the officials responsible for leaking the information to the media. The petition also sought a direction to frame guidelines on media reporting of ongoing criminal investigations.

A bench of Justice Vibhu Bakhru issued notice on the petition and posted the matter next on September 11.

Last month, Justice Bakhru had restrained Delhi police from circulating information about the accused in riots cases to media holding that police cannot use media to influence public opinion against the accused during the pendency of the investigation. In that case, Devangana Kalita vs Delhi Police, the Court held :

"'Selective disclosure of information calculated to sway the public opinion to believe that an accused is guilty of the alleged offence; to use electronic or other media to run a campaign to besmirch the reputation or credibility of the person concerned; and to make questionable claims of solving cases and apprehending the guilty while the investigations are at a nascent stage, would clearly be impermissible".