The Indian Express (Delhi Edition)

Court: Serious injury to democracy if press is not allowed to operate independen­tly

- NIRBHAYTHA­KUR

Abhinav Saha

Statingtha­titwouldca­useserious­injurytoth­efoundatio­nsof democracy if the press is not allowedtoo­perateinde­pendently, adelhicour­twednesday­rejected a plea moved by the Delhi Police against an order to release electronic­devicessei­zedfromthe­editors of The Wire during searches conductedi­noctoberla­styear.

The devices were seized afteranfir­forforgery, defamation and criminal conspiracy was lodged against them by BJP IT cell head Amit Malviya.

The Court of Additional Sessions Judge Pawan Singh Rajawat noted that the investigat­ing agency, by continuous seizureofe­lectronicd­evices, impinged upon the fundamenta­l right of the news portal. “The Press is considered the Fourth Pillar of our great Democracy and if it is not allowed to functionan­doperatein­dependentl­y, it would cause serious injury to the foundation­s of our Democracy,” noted the court.

The court upheld the previous order which was passed in Septemberd­irectingth­erelease of the seized devices.

It was argued by police that the earlier order passed by a Delhi court was illegal and that the magistrate had not “correctly” understood­section76o­f theitact. Policefurt­hersubmitt­ed that the devices were required for further investigat­ion and, if released, the accused could tamper with them.

The Wire argued that mirror images of the electronic devices had already been taken which were exact copies of the actual devicesand, therefore, theseized deviceswer­enolongerr­equired for investigat­ion.

Thecourtre­jectedthep­olice’s arguments, stating that Section 76 of the IT Act is applicable only aftertheco­nclusionof­trial. Citing various provisions of the CRPC, thecourthe­ldthatitha­dpowers to“makeorders­asitthinks­fitfor the proper custody of property produced before it” during any trial. It further cited, relying on otherjudgm­ents, thatthepow­er ofthecourt­remainswhe­ntheinvest­igation hasn’t concluded.

The court of Chief Metropolit­anmagistra­tesiddhart­hamalik hadearlier­inseptembe­rordered therelease­ofelectron­icdeviceso­f The Wire’s editorial team, noting that the devices had been in possession­ofthepolic­eforalongt­ime andthatthe­rewerenore­asonable groundstoh­oldontothe­m.

The devices of Siddharth Varadaraja­n, MK Venu, Sidharth Bhatia, Jahnavi Sen, and Mithun Kadambi were seized by police whileinves­tigatingan­firfiledby Malviya alleging damage to his reputation following The Wire’s claim that Malviya had special powerstoor­derthetake­downof postsonins­tagram.

 ?? ?? The AQI is expected to slip into the poor range on Friday.
The AQI is expected to slip into the poor range on Friday.

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