[Media Trial On Sushant Singh Case] Live-Updates of Hearing Before Bombay High Court
Infringement of presumption of innocence by excessive publicity an act of contempt of court- SC held in Sahara case, submits Chinoy.
'Trial by media comes under the category of interference with the administration of justice', Chinoy quotes from the Sahara judgment.
EMCC is monitoring over 500 channels 24*7 in real time : Chinoy.
The bench asks ASG Anil Singh the details of persons in the EMCC.
The direction which I seek is an elucidation of clause (f) of the Program Code which prohibit reporting amounting to contempt of court : : Aspi Chinoy
Why the Government did not act when there was prejudging, when media was carrying out virtual media trial, calling for arrest of so and so? There was complete silence. Govt should have send a message across : Aspi Chinoy
There must be suo moto action from the Government of India, without waiting for complaints. They have a mechanism for Electronic Media Monitoring Centre (EMCC) : Aspi Chinoy
Chinoy quotes from the 2009 judgment in In Re: Destruction of Public & Private Properties.
"When the statutes are silent on a particular subject & the authority implementing the same has constitutional or statutory power to implement it, the court can necessarily issue directions or orders on the said subject to fill the vacuum or void till the suitable law is enacted"
Power to court(to frame guidelines) in an area not covered by a statute is clearly there under Article 226 : Aspi Chinoy
" a High Court can, in the exercise of its jurisdiction under Article 226, issue a writ of mandamus and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the government or a public authority", Chinoy quotes from judgment.