Issue Directions To Control Police Leaking Information About Investigation To Media : Karnataka High Court

The Karnataka High Court on Tuesday directed the state government to issue comprehensive directions to the State police, to ensure that before investigation is completed no information is divulged by the police to the media about the ongoing probe.

A division bench of Chief Justice Abhay S Oka and Justice Suraj Govindaraj said "We are of the view that very comprehensive directions are required to be issued to the police for ensuring that before completion of investigation they do not divulge the nature of investigation, material revealed during investigation, etc." It added "The other direction will have to be regarding disclosing identity of complaint and accused."

The bench noted "No purpose will be served by only issuing directions, the direction will have to be enforced by initiating appropriate disciplinary proceedings against the police for violation."

The court gave the direction while hearing a petition filed by one H Naghabhushan R. The petition seeks directions to frame statutory rules to prevent publication of indecent and obscene content as part of the news/any other programme in the electronic and print media. The plea also prays that publication of such content should be made a cognizable offence, which will have a reasonably deterrent punishment.

During the hearing the bench orally observed "Directly, or indirectly there should be no sharing of information with the media. If material revealed during the investigation is disclosed, then it can affect the trial or hearing of bail applications."

The petition states that various media houses are publishing obscene video/ partially blurred nude photographs and videos of several incidents as part of news programmes. Further, it was submitted that while telecasting news, TV anchors are repeating the vulgar language used in the video clips to make it loud and clear so that the public can understand the language that is used by two compromising individuals.

It is said that the Cable TV (Regulation) Act-1995 has no such provision or scheme to prevent such mischievous publication. Though Section-5 of the act provides that no person shall transmit or re-transmit through a cable service or any programme unless such programme is in conformity with the prescribed programme code, there is no definition for programme code, the petitioner submitted.

In view of the same, the petitioner said that it is essential that the contents of such news and clippings in the visual media are regulated. The petitioner further raised concern over the fact that in several cases the media is continuously reporting matters which are sub-judice before courts. The plea seeks that apart from framing guidelines, directions be issued to prevent the electronic media from analysing the sub-judice matters before the court and direct State Police not to leak information collected during the course of investigation regarding any case to the press, public or media.

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