The main legal point established in the judgment is the need for responsible journalism and the balance between the rights of the individual and the public interest.

JUDGMENT :

1. This hearing has been done through hybrid mode (physical and virtual hearing).

2. The present petition has been filed by Ms. Disha Ravi who is stated to be an environmental activist seeking various reliefs against the Police, the Ministry of Information and Broadcasting (hereinafter Ministry of I&B) and various news channels in respect of what are allegedly attributed leakage of her messages and various other investigation material which has been broadcasted and disseminated by the TV channels at the behest of Delhi Police. The case of the Petitioner is that she was arrested on 13th February, 2021 in Bangalore and was brought to Delhi. She was sent on police remand vide order dated 14th February, 2021 by the Duty Magistrate, Patiala House Courts.

3. She claims that after her arrest during the process of investigation, various messages, etc. were leaked by the police to the media, resulting in a large number of programs, news bulletins and online dissemination of various private messages and interventions which were broadcasted. Some of the bulletins also made allegations that she is associated with various illegal and unlawful groups. It is the submission of Mr. Akhil Sibal, ld. Senior Counsel appearing for the Petitioner that the official Twitter handle of Delhi Police released various comments about the investigation which is going on and these formed the basis of the reports by the News channels. He also alleged that the Petitioner apprehends that various messages were leaked by the police to the media. He submits that there are four reliefs that the Petitioner claims in this writ petition. Firstly, that the alleged WhatsApp conversation ought to be removed from the public domain and the police should be directed not to disseminate anything, which is not part of the public record. Secondly, media houses ought to be directed to comply with the program code and the advertisement code. Thirdly, the Delhi police ought not to share the investigation files and lastly that the police ought not to conduct any press briefings.

4. The ld. Senior Counsel has taken the Court through the various Twitter messages which have been placed on record. Reliance is placed upon various judgments in the manner in which TV channels and other media outlets should exercise responsibility while reporting on an investigation which is ongoing. The Petitioner is claimed to have issued various cease and desist notices. However, since the media TV channels did not exercise any restraint, the present petition has been filed. Finally reliance is placed upon the office memorandum dated 1st April, 2010 issued by the Ministry of Home Affairs, which provides the broad guidelines in the manner in which the investigation and coverage of investigation should be undertaken.

5. Mr. Raju, ld. ASG appearing for the Delhi Police has at the outset presented an affidavit on behalf of the Delhi Police. The same has been sworn by Mr. Anyesh Roy, Deputy Commissioner of Police (Cyber Cell) to the effect that the allegations of the Petitioner that the information or investigation data has been leaked, is false and is incorrect. A categorical statement has been made to the effect that no information or documents forming part of the case files has been shared by Delhi Police with any media houses or individual. The only exception to this is press briefings or broadcasts which are matter of record and are not disputed. He further submits that there is an attempt by the Petitioner to malign the police and there could be various other sources from where the leakage could have taken place. In any event, he assures the Court that the briefings of the Delhi Police will be in accordance with law.

6. On a query from the Court, Mr. Raju, ld. ASG confirms that the said office memorandum dated 1st April 2010 is operative even as of today. He further submits that the present writ petition is nothing but a method to exercise pressure on the investigation agencies by maligning them a