Who Will Take Responsibility Of The Leak?: Disha Ravi's Counsel To Delhi High Court In Media Leak Case

The Delhi High Court on Thursday continued hearing the plea filed by climate activist Disha Ravi seeking to restrain Delhi police from leaking to the media any investigation material relating to the case against her in connection with the 'toolkit' over the farmers protests.

Significantly, the Delhi Police had filed an affidavit in February this year, denying the allegations.

"No information/document forming part of the case file including the subject chats have either been shared by the Respondent No. 1 with any media house or individual except the information communicated officially through press briefing or broadcast, which is a matter of record, nor the same has been leaked from Respondent No. 1's end," the Delhi Police has claimed.

In light of this, Senior Advocate Akhil Sibal today submitted that the leak was neither from Ravi's end as she was in custody at the time. "So who will take responsibility of the leak?", he asked.

"When this leak happened, I was in custody. My phone was with them. Police of course claims that leak was not done by them. But who will take responsibility? This content has to be removed."

According to Ravi, her Whatsapp chats which are private in nature as well as her admissions and disclosure made during her time in police custody were leaked in the public domain in complete violation of her right to privacy and free trial.

In this backdrop, Sibal argued,

"I understand that there can be lawful intrusion into privacy. But even charge sheet is not filed. My details are all over media," Sibal said while urging the Court to order removal of the content."

Justice Rekha Palli, after recording that pleadings in the matter are complete and the petitioner does not wish to file any further rejoinder, has adjourned the matter for arguments on August 27.

Advocate Rajat Nair appearing for the Respondents maintained that the leak is not from their end.

Earlier, the Court had granted "one last opportunity" to Union of India and Delhi Police to file counter affidavits in the matter. In February, it had directed the Delhi Police to ensure that no leakage of information happens with regard to the investigation in the case.

Ravi had alleged that the reportage in news channels Times Now, India Today and CNN News 18, is "one-sided defamatory, suggestive innuendos, and half-truths" about her in the Toolkit case. The Court had then observed that the channel editors should ensure that that proper editorial control is exercised while disseminating information to ensure investigation is not hampered.

Justice Palli had also observed that the petition raises issues of "public importance".

"There are three aspects to the present case. Firstly, the privacy, dignity of the individual concerned as also her right to fair trial. The second aspect would be the sovereignty/integrity of the country and whether there could be reasonable restrictions that could be imposed considering the nature of the investigation that is currently taking place. The third aspect would be the right to free speech and the right of the public to know," she had observed.

Case Title: Disha A. Ravi v. State (NCT of Delhi) & Ors.