[Disha Ravi Tool Kit Case] Media Cannot Disseminate Information In Sensationalized Manner: Delhi HC To Channel Editors, Directs Disha Not To Malign Police

The Delhi High Court has held that the recent coverage of the Toolkit case definitely shows there is sensationalized reporting by the media.

A Bench of Justice Prathiba Singh directed editors of Times Now, India Today and News18 channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered.

The observation was made while hearing the plea filed by Activist Disha Ravi seeking action against India Today, Times Now and News 18 for violative reporting in the Toolkit Case by allegedly running "one-sided" reports.

Ravi had also sought to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case.

"Right to privacy, the sovereignty and integrity of the country and the freedom of speech need to be balanced," the High Court remarked on Friday.

It also expressed reservation as to the veracity of the media reports as it noted that the Delhi Police has categorically denied sharing of any information with media houses.

"While a journalist cannot be asked to reveal their source, the same has to be authentic. The Delhi Police claims that it has not leaked anything whereas the media claims to the contrary," the Court said in its order.

The Bench added,

"While press briefings are held generally the media cannot disseminate the information in such a sensationalized manner."

The Court thus directed the channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered. However, the bench turned down the request made on behalf of Ravi for an interim stay order to restrain the reporting by the channels on the case.

It also directed the Delhi Police to ensure the Office Memorandum issued by the Ministry of Home Affairs on 01.04.2010 titled- Advisory on Media Policy of Police for reporting on ongoing criminal cases, is abided by.

A direction has also been made to ensure that Disha Ravi does not indulge into maligning the Delhi Police and other authorities.

Meanwhile, time is granted to the Respondents to file their detailed affidavits.

The Central Government (Ministry of Information and Broadcasting) was represented by ASG Chetan Sharma. The Delhi Police was represented by ASG SV Raju.

Courtroom Exchange

Biased Reporting

Senior Advocate Akhil Sibal, appearing for Disha Ravi, told the Court that the first relief that he seeks is a direction to all the respondents to desist from making any reference to the purported WhatsApp chats between Disha and Greta Thunberg.

He submitted that one news channel, News18, had gone into detailed particulars of what questions were purportedly posed to Ravi and what answers she purportedly gave. He added that the IndiaToday channel ran even more detailed statements, with "in-built commentary".

"The narrative is that she panicked and tried to delete - all based on leaked material and details. Half-baked, speculative information about an ongoing investigation was being disseminated."

Sibal vehemently submitted that the Media must stick to and operate within the Programme Code.

In this context, he referred to an Office Memorandum dated 01.04.2010, issued by the Ministry of Home Affairs'. The Memorandum is an Advisory on Media Policy of Police for reporting on ongoing criminal cases.

"The stage of arrest is over, investigation is ongoing, and it will culminate in any final report. Where is the occasion to share anything then? Hence I seek the relief," Sibal submitted.

Responding to the allegations, Senior Advocate Hrishikesh Baruah appearing for IndiaToday submitted,

"There is only one allegation against me. There was a digital write up, no news broadcast at all. Therefore, the Cable News Programme Code doesn't apply to me."

Baruah added,

"My article is of February 16th 2021, it is the admitted position of the Petitioner that the matter was out in the public domain by February 15th, therefore I haven't violated her privacy."

Advocate Kunal Tandon appearing for Times Now channel submitted that Ravi cannot claim the right to privacy as the instant matter is of immense public importance; and as held by the Supreme Court in KS Puttaswamy v. Union of India, right to privacy is subservient to public interest.

"Firstly, all the information was in the public domain, so we haven't violated her right to privacy. Secondly, the Puttaswamy judgment too says that the right is subject to public interest," Tandon argued.

Opposing this, Sibal argued,

"Public interest and interest of the public are not the same thing. They must not disclose anything from the case file which is not part of the public record…All we're saying is till the filing of the chargesheet please don't share case file record with the media."

Leaking information to media

Inter alia, Sibal sought a direction to the Delhi Police to not divulge any information relating to the investigation/ or any material which is part of the case file, to the media, until the filing of the chargesheet.

"They must be restrained from divulging information related to the investigation of the case to the media," he said.

Sibal pointed out that on 14th February, the Twitter handle of Delhi Police was activated to tweet about Ravi's arrest as a key conspirator in the Toolkit case. The Special Cell retweeted this.

He added,

"I am on the point that the FIR did not reflect any particular name. I was arrested in Bangalore, brought to Delhi, I deposed before the magistrate, no information was given to my lawyer about when I would be produced but the media was there in large numbers.

On 15th, there was a press briefing and the news channels started disseminating what were purported WhatsApp chats… We have submitted videos with timestamps. In the press briefing on the other hand, the Police Commissioner said that highly incriminating evidence was found that Disha Ravi had disseminated the Toolkit and "coaxed Greta Thunberg" to post the same."

At this juncture, the High Court asked if it is their case that information has been "leaked". "So what you're saying that these have in fact been leaked out?" the Bench inquired.

"There is no other explanation. Even while I was being produced before the magistrate, reports with details of interrogation, WhatsApp chats, purported confessional statements were being run," Sibal responded.

He added,

"The police or any other agency cannot use the media till investigation is pending to subvert the process of justice, as this would weaken the presumption of innocence in favour of the accused."

The High Court then sought the ASG's stance with respect to media claims that they received all the details from the Delhi Police.

However, ASG Raju maintained that no information was leaked from their end. "Whatever the journalist is saying cannot be taken as the Gospel Truth. In fact, whatever is being reported also may not be true," he responded.

He blamed Ravi of defaming and vilifying the Delhi police, so as to put pressure on them.

"It is a systematic attempt to blame the police and derail investigation. The police seized the phone on 13th, the messages were sent on 3rd. Why is she (Ravi) not questioning the people to whom the messages were sent? Why defame the Delhi Police?" Raju asked rhetorically.

Maintainability of petition

ASG Sharma (appearing for the I&B Ministry) submitted that the instant petition is premature as Ravi has not availed her alternate remedy by approaching the Ministry of Information and Broadcasting. He sought that the petition should be dismissed on this ground, as non-maintainable.

Responding to this, Sibal argued that there is no remedy provided under the Cable TV Networks (Regulation) Act.

"They say we have to make a representation, but there is no remedy. The Office Memorandum itself says that privacy has to be respected."

Background

The Delhi High Court had on Thursday issued notice on a plea filed by Activist Disha Ravi seeking to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case.