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2021 Supreme(Bom) 568

DIPANKAR DATTA, G.S.KULKARNI
Nilesh Navalakha – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Devadatt Kamat, Advocate, Rajesh Inamdar, Advocate, Shashwat Anand, Advocate, Pankaj Kandhari, Advocate, Smita Pandey, Advocate, Amit Pai, Advocate, Vishal Jagwani, Advocate, Kevin Gala, Advocate, Siddharth Naik, Advocate, Pinky Chainani, Advocate, Ankur Azad, Advocate, Sarveshwari Prasad, Advocate, Rahat Bansal, Advocate, Faiz Ahmad, Advocate, Anil Singh, Advocate, Sandesh Patil, Advocate, Aditya Thakkar, Advocate, Amogh Singh, Advocate, Apurva Gute, Advocate, Chintan, Advocate, Mayur Prashant Rane, Advocate, Sumedh Sahakari, Advocate, D.P. Singh, Advocate, Reshma Ravapati, Advocate, Saurabh Prabhulkar, Advocate, Medvita Trivedi, Advocate, Arvind Datar, Advocate, Bharat Manghani, Advocate, P.P. Kakade, Advocate, R.A. Salunkhe, Advocate, Rajeev Pandey, Advocate, Madhur Rai, Advocate, Prs Legal, Advocate, Kunal Tandon, Advocate, Prachi Pandya, Advocate, Malvika Trivdei, Advocate, Saket Shukla, Advocate, Vasanth Rajshekharan, Advocate, Mrinal Ojha, Advocate, Debashri Datta, Advocate, Rajat Pradhan, Advocate, Madhavi Joshi, Advocate, Siddhant Kumar, Advocate, Phoenix Legal, Advocate, Angad Dugal, Advocate, Govind Singh Grewal, Advocate, Shiva Kumar, Advocate, Tanya Vershney, Advocate, Raj Surana, Advocate, Rishi Murarka, Advocate, Ankit Lohiya, Advocate, Hetal Thakore, Advocate, Kunal Parekh, Advocate, Bhavika Tiwari, Advocate, Dua Associates, Advocate, Hetal Jobhanputra, Advocate, Jayant Mehta, Advocate, Alankar Kirpekar, Advocate, Tejveer Bhatia, Advocate, Rohan Swarop, Advocate, Shekhar Bhagat, Advocate, Mag Legal, Advocate, Siddhesh Bhole, Advocate, Rishabh Dhanuka, Advocate, Alba Law Offices, Advocate, Siddharth Bhatnagar, Advocate, Pralhad Paranjape, Advocate, Aspi Chinoy, Advocate, Gaurav Joshi, Advocate, Chetan Kapadia, Advocate, R. Sarda, Advocate, A. Joshi, Advocate, F. Patel, Advocate, Manik Joshi, Advocate, M. Bajpai, Advocate, G. Gangal, Advocate, M/S Crawford Bayley & Co, Advocate, Nisha Bhambani, Advocate, Rahul Unnikrishnan, Advocate, Tarun Krishnakumar, Advocate, Deepak Thakare, Advocate, Y.P. Yagnik, Advocate, F.R. Shaikh, Advocate, S.S.B. Legal & Advisory, Advocate, Asim Sarode, Advocate, Petitioner-In-Person, Advocate, Prashant Mishra, Advocate, Neela Gokhale, Advocate, Yogini Ugale, Advocate, Kushal Chaudhary, Advocate, Shruti Dixit, Advocate, Harshal Gupta, Advocate, Sunny Punamiya, Advocate, Abhishek Malhotra, Advocate, Sneha Herwade, Advocate, Sanya Sehgal, Advocate, Tmt Law Practice, Advocate

Judgement Key Points

Certainly. Here are the directions in judgment format, following your instructions:

  1. Recognition of Media's Role and Responsibility: The media plays a crucial role in a democratic society by informing the public and acting as a watchdog. However, this role comes with the responsibility to report accurately, ethically, and responsibly, especially during ongoing investigations or judicial proceedings (!) .

  2. Balancing Fundamental Rights: The fundamental right to freedom of speech and expression, including press freedom, is protected but is not absolute. It can be reasonably restricted in the interest of public order, morality, and the integrity of the judicial process. Such restrictions must be proportionate, limited, and justified by the risk of prejudice to fair trials or investigations (!) .

  3. Legal Framework for Content Regulation: There exists a comprehensive statutory framework governing media content, including laws that prescribe standards for broadcasting and publishing. Authorities are empowered to regulate, restrict, or prohibit content that violates these standards to prevent prejudice against ongoing investigations or judicial proceedings (!) .

  4. Role and Limitations of Self-Regulation: Industry-led self-regulatory bodies are recognized but are not statutory authorities. Their decisions are not binding on non-members or channels that withdraw from membership, and their enforcement powers are limited. They serve as supplementary mechanisms but cannot replace statutory regulation (!) .

  5. Government Powers and Regulatory Oversight: The government retains statutory powers to regulate media content, enforce compliance with prescribed standards, and impose penalties, including suspension or revocation of licenses. This regulatory oversight aims to ensure responsible reporting, particularly during sensitive investigations (!) .

  6. Restrictions During Pending Investigations: Orders for postponement or restraint on media reporting are permissible when there is a substantial risk of prejudice to the fairness of a trial or investigation. Such orders should be issued with caution, limited in duration, and based on a careful balancing of interests (!) .

  7. Scope of Contempt Laws and Judicial Powers: The laws of contempt extend to acts that interfere with or obstruct the administration of justice, including during pre-trial or investigative stages. Courts have inherent and statutory powers to prevent conduct that may prejudice proceedings, even before formal judicial processes commence (!) .

  8. Safeguarding Fair Trial Rights: The right to a fair trial, including the presumption of innocence, must be protected against prejudicial media conduct. Any reporting or commentary that risks prejudicing the proceedings or influencing public perception must be carefully regulated to preserve judicial integrity (!) .

  9. Judicial Authority to Issue Preventive Orders: Courts have the authority to issue interim or preventive orders, such as gag orders or media restrictions, but only when there is a clear and immediate risk of prejudice to justice. Such measures are to be used sparingly, with due regard to constitutional protections and proportionality (!) .

  10. Responsibility of the Media and Ethical Reporting: The media must exercise self-restraint and adhere to ethical standards, verifying facts before reporting. They should avoid sensationalism, character assassination, and prejudicial commentary, especially during ongoing investigations, to uphold the rule of law and ensure the integrity of the judicial process (!) .

These directions emphasize that while freedom of speech and press are fundamental rights, they are subject to reasonable restrictions to maintain the sanctity of justice and protect public confidence in the legal system.


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 homic




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