DR. MUKUNDAKAM SHARMA, CJ

1.In today”s age and world, the impact of media is far reaching. Electronic media as compared to print media has an added advantage because visuals have greater ramification and impact as it directly and immediately influences the mind of the viewer. With the growth of the number of News Channels and increasing popularity of “breaking news”, electronic media has come to play a major role in stirring public opinion and consciousness. It is this potency to reach the public that entails that all the channels understand and realise the heavy responsibility that is thrust on them and that there is no case for possible misuse. Keeping in mind the role a responsible media can play in disseminating information and creating awareness among masses without crossing the limits that a civilised society would expect, we proceed to dispose of the present writ petition.

2.We came across a news item reported in the daily edition of Hindustan Times dated 7th September, 2007 in respect of a sting operation relating to one Ms.Uma Khurana. Prior to the said date, Live India a Television News Channel aired a programme on 30th August, 2007 regarding the above-said sting operation conducted by them showing Ms.Uma Khurana, a teacher with a Delhi Government school, purportedly forcing a girl student into prostitution. Subsequent to the said telecast, aghast at the said act of the teacher, a crowd gathered at the school gate and started raising slogans demanding handing over of Ms.Uma Khurana to them. In the commotion and mayhem that followed some persons physically attacked Ms.Uma Khurana and even tore her clothes. Shocked by the aforesaid incident and consequent to public outcry the Directorate of Education, Government of Delhi first suspended Ms.Khurana and later dismissed her from service, in exercise of special powers vested in the Government. Police also sprung into action and started investigation. Later the aforementioned news item was published in the Hindustan Times which indicated that there was something more to the whole string operation than what met the eyes. In the aforesaid news item it was stated that the girl who had been shown as a student who was allegedly being forced into prostitution by Ms.Uma Khurana was neither a school girl nor a prostitute but a budding journalist eager to make a name in the media world.

3.Anguished at the news item published, which was preceded by violence and damage to property, we thought it fit to draw up proceedings on our own motion. After taking suo moto notice, we issued notices to the Government of NCT of Delhi and the Delhi Police. Mr.A.S. Chandhiok and Mr.S.S. Gandhi, Senior Advocates, were requested to assist the Court as Amicus Curiae in the matter. On receipt of notice, the Education Department of the Government of NCT of Delhi and the Delhi Police entered appearance through their counsel.

4.Pursuant to the said notice, Mr.Madhup Tewari, Deputy Commissioner of Police, Crime and Railways, Delhi Police, filed a status report on 10th September, 2007. In the status report it is stated that one Mr.Virender Kumar, who had some monetary dispute with Ms.Uma Khurana, in connivance with one Mr.Prakash Singh, hatched a plan to trap Ms.Uma Khurana in a stage-managed act of forcing girls into prostitution. It is stated that on Ms.Uma Khuranas refusal to arrange girls to be delivered to some customer, Mr.Prakash Singh roped in Ms.Rashmi Singh, who was known to him, to act as a school girl, who Ms.Uma Khurana would be delivering to some customer. Mr.Virender Kumar and Mr.Prakash Singh filmed Ms.Rashmi Singh with Ms.Uma Khurana at a pre-planned place where Ms.Uma Khurana came to deliver Ms.Rashmi Singh to some customer, as instructed by Mr.Virender Kumar. This whole stage managed episode was shown as a sting operation by the news channel. Public outrage followed causing violence and damage to property. Ms.Uma Khurana was beaten up, her clothes torn and later on arrested.

5.The Additiona

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