The court emphasizes the need to maintain journalistic discipline in reporting cases and highlights the detrimental impact of media trials on the administration of justice.

VIJENDER JAIN, ACJ.

( 1 ) THIS petition has been filed inter alia, impugning the order passed by a learned Additional Sessions Judge trying Nitish Katara Murder case, which has already received disproportionate publicity in the newspapers. By the impugned order the learned judge had directed on an application moved by one of the witnesses, Ms. Bharti Yadav that presence of media and general public be dispensed with during the recording of her testimony and same shall be done in camera excluding media and general public from having access to the Court room where day-to-day proceedings are to be conducted for recording her statement w. e. f. 29. 11. 2006. The learned Sessions Judge has allowed special public prosecutor, Mr. Dey, counsel for the complainant, Mr. S. C. Bhuttan, counsel for the witness Bharti Yadav, Mr. G. K. Bharti, Mr. S. K. Sharma and Mr. Sushil Bajaj, the accused persons and parents of Ms. Bharti Yadav and the mother of deceased nitish Katara to be present in Court room during the deposition of Bharti Yadav. Mr. Saini, learned counsel for the petitioner has contended that the order impinges upon the freedom of press and the right of press to be present at the time of deposition of the witnesses as the said deposition must take place same in the Court open to general public including media. In support of his contention, learned counsel for the petitioner has relied on Saroj Iyer and Anr. Vs. The Maharashtra Medical (Council) of Indian Medicine and Anr. AIR 2002 bombay 97 and Naresh Shridhar Mirajkar Vs. State of Mahashtra AIR 1967 SC 1. He has further contended that the learned Additional Sessions Judge has not properly construed the provisions of Section 327 of Cr. P. C. The general rule which is postulated pursuant to Section 327 of the Cr. P. C. is that the Court is open for all proceedings and camera proceedings are exception to this general rule.

( 2 ) WE have given our careful consideration to the arguments advanced by learned counsel for the petitioner. Let us now deal with the authority cited by the learned Judge which is Saroj Iyer's case (supra ). In the said case the court was considering the provision of Maharashtra Medical Council Act and Court held that being a quasi judicial tribunal holding inquiries under Section 22 of the said Act, the Act does not provide that the inquiry under Section 22 shall be held in camera or proceedings in the inquiries shall be confidential. It was in this background that the Court held that the order passed by the Medical council to hold the disciplinary proceedings in camera was uncalled for. The reliance has been further placed by the counsel for petitioner on another judgment of Hon'ble Supreme Court reported as Naresh Shridhar Mirajkar's case (supra) which judgment has also been relied by the Division Bench of Bombay high Court. The reliance of Supreme Court judgment in Naresh Shridhar mirajkar's case (supra) is also misconceived. The relevant portion of the same is as under :-"before dealing with this question, it is necessary to refer to one incidental aspect of the matter. It is well-settled that in general, all cases brought before the Courts, whether civil, criminal or others, must be heard in open Court. Public trial in open Court is undoubtedly essential for the healthy, objective and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a check against judicial caprice and vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity and impartiality of the administration of justice. Public confidence in the administration of justice is of such great significance that there can be no two opinions on the broad proposition that in discharging their functions as judicial Tribunals, Courts must generally hear causes in open and must permit the public admission to the Court-room. "

( 3 ) ON the basis of aforesaid argument, it was contended that learned additional