HC scraps media gag order
In an unprecedented ruling, the Bombay High Court on Wednesday quashed the gag order on media that prevented it from publishing the proceedings of the Sohrabuddin encounter trial.
The High Court observed the case has a “chequered history,” so it is the fundamental right of the citizens to know what is happening in the case.
The single-judge bench of Justice Revati MohiteDhere held, “The media cannot be gagged or banned from covering a trial on a mere ground of sensationalism. Also, the mere apprehension or allegation of the accused that justice would not be done if media reports the trial, I believe such an apprehension is unjustified.”
The landmark ruling comes in response to a petition filed by nine city-based journalists among whom Neeta Kolhatkar is from the Free Press Journal. The scribes had challenged the gag order through advocates Abad Ponda, Abhinav Chandrachud and Varsha Bhogle.
Justice Mohite-Dhere gave his reasons for not accepting the contention of seeking a ban on the ground of ‘sensational’ coverage of Judge BH Loya’s death.
“The present proceedings are not dealing with the death of the former judge. Considering the facts of the case, I believe this case has a chequered history as the investigations were first transferred to the CBI in 2010, and then in 2012 the matter was transferred to Bombay for trial. Certainly, the public has the right to know what is happening in this case under article 19 (A) of the constitution,” Justice Mohite-Dhere said.
The court even pulled up the trial judge for passing a gag order, especially in the absence of any ‘inherent’ powers and also without relying on any relevant provisions of law.
Justice Mohite-Dhere said, “In any democratic society, open justice is required which is closely related to an open trial. The media, by reporting the proceedings of a case, not only exercises its rights under Article 19 (freedom of expression) but also serves a larger interest by disseminating the information and informing the public at large, which otherwise, would not have been possible.”
“The interest of the society would not be served by restraining the media from covering such a case. I am of the opinion that justice must not only be done but also be seen to be done and this is the purpose of an open trial. The public is entitled to know if the state is using its machinery in a proper manner,” Justice Mohite-Dhere observed.
The other journalists who had moved the plea were Sunil Baghel, Vidya Kumar, Sharmeen Hakim, Sadaf Modak, Sunil Singh, Rebecca Samervel, Sidharth Bhatia and Naresh Fernandes. There was another petition filed by the Brihanmumbai Union of Journalists (BUJ) challenging the orders.