JUDGMENT

1. Prelude

1. While COVID-19 was wreaking havoc in the country and causing unimaginable misery [viz. the working class losing jobs and thereby their livelihood, innumerable innocent lives being lost including those of migrant labours not only due to its direct but also indirect effects, the health-care system in all the States across the country facing extreme stress, justice seekers finding the justice delivery system almost inaccessible, etc.] and thus creating an atmosphere of severe tension and despair in the country, the unnatural death of a relatively young film actor (hereafter "the actor", for short) in Mumbai on June 14, 2020 became the cynosure of the electronic media. The manifold problem, hardship and inconvenience brought about by the pandemic all over the country notwithstanding, various TV channels initiated intense discussion during prime time on the probable cause of death of the actor. Some of such channels, resorting to "investigative journalism" as they call it, sought to spread the message among its viewers that Mumbai Police has been passing off a homicidal death as a suicidal death and that a close acquaintance of the actor, who herself is an actress (hereafter "the actress", for short), had orchestrated his death. What followed such reportage is noteworthy. The actor's father had lodged an FIR at Patna, Bihar naming the actress as an accused for his son's homicidal death. Incidentally, the actor hailed from Bihar prior to making a career in films and settling down in Mumbai. To conduct investigation into such FIR, police personnel from Bihar landed in Mumbai. Citing the pandemic, such personnel were promptly quarantined. It is not necessary for the present purpose to ascertain who were behind such move and what the motive was. Suffice it to note, the actress applied before the Supreme Court for transfer of a First Information Report at a police station in Patna and all consequential proceedings from the jurisdictional court at Patna to the jurisdictional court at Mumbai, under section 406 of the Code of Criminal Procedure (hereafter 'the Cr.P.C' for short) read with Order XXXIX of the Supreme Court Rules. Upon hearing the parties, the Supreme Court passed an order dated August 19, 2020 entrusting the Central Bureau of Investigation (hereafter "the CBI", for short) with investigation into the complaint of the actor's father. In compliance with such order, the CBI took over investigation. In due course of time, the Enforcement Directorate (hereafter "the ED", for short) and the Narcotics Control Bureau (hereafter "the NCB", for short) too joined the fray by launching separate prosecution suspecting offences under the Prevention of Money Laundering Act, 2002 and the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereafter "the NDPS Act", for short), respectively. After the intervention of the Supreme Court, it had been the claim of some of the TV channels that Mumbai Police's vicious attempt to suppress the homicidal death of the actor, which had been unearthed by "investigative journalism", stands validated by reason of the order of the Supreme Court. It had also been the claim of one of the TV channels that because of its persistent vigorous demands for divesting Mumbai Police of investigative powers in the case that truth has triumphed with the CBI being entrusted with the investigation by the Supreme Court. Investigation by the CBI, the ED and the NCB are still in progress.

2. Apart from the above, a couple of TV channels aired several programmes raising questions as to the manner of investigation by Mumbai Police and also as to why the actress had not been arrested in view of materials that such channels had gathered through "investigative journalism". One of them even went to the extent of obtaining opinion from the viewers on whether the actress should be arrested. One other channel fl