Delhi High Court flags 'disturbing trend' of media reporting innocuous remarks by judges

The Delhi High Court on Tuesday flagged the "disturbing trend" to report even the most innocuous remarks made by courts during hearings to create sensation [Shravan Gupta v. Directorate of Enforcement]. 

Justice Neena Bansal Krishna said that media houses owe an absolute responsibility to conduct sensible reporting.

“It has become a disturbing trend in recent times to report even some most innocuous remark that may be made by the Court during the case hearings, which may or may not even be connected with the proceedings, merely to create sensation. Such reporting of the court proceedings, which may generate curiosity of public to read with more interest, is accepted without realizing that such remarks are not part of the proceedings or do not pertain to the merits of the case, and need no prominence or even reporting,” the Court said. 

The Court made the observations while clarifying that its “innocuous general remark” expressing concern about repeated adjournments by lawyers was not specifically directed at Senior Advocate Vikas Pahwa, who was appearing before the Court for businessman and AgustaWestland VVIP chopper scam accused Shravan Gupta.

Gupta had approached the Court challenging the non-bailable warrants issued against him in connection with a money laundering case being investigated by the Enforcement Directorate (ED). 

On July 16 this year, the Court had reserved its verdict in the case. The next day, articles were published in CNN News18, The Tribune Group, The Times Group, Rabhyaa-Rabhav Corporation Private Limited (Law Trend), Indian Express and CSR Journal stating that the Court had said that Pahwa’s conduct of seeking instructions was an act “unbecoming” of a Senior Advocate. 

Pahwa filed an application in the Court seeking appropriate action against the defamatory news articles, arguing that no such statement was ever made by the Court and that the same does not form part of the judicial order recorded on the day. 

The Court said that to falsely claim that the remark was specifically directed towards Pahwa “is not only incorrect but is essentially designed to create a sensational news story of interest to the public at large".

"It cannot be overstated that media reports have a widespread impact on the general public, which may include some legal professionals. The majority of the public may not be aware of legal nuances and depend solely on media reports to know, about events happening in the country and the proceedings taking place in the Court. The Media has the absolute responsibility for accuracy and fairness in media reporting."

It, however, stopped short of passing any directions to the news outlets.

Justice Krishna said that it is for these news organisations to consider whether such reporting should be allowed to continue on their platforms.

“With their expertise in journalism and reporting, no guidance from any Court is required as to what is germane to the court proceeding that may be reported and that which is of no consequence."

Ultimately, the Court also rejected Gupta’s plea challenging the NBW. 

Senior Advocates Vikas Pahwa and Tanvir Ahmed Mir with Advocates Yudhister Singh, Prabhav Ralli, Saud Khan, Shiv Kapoor and Pulkit Shree appeared for Shravan Gupta. 

The ED was represented through Additional Solicitor General SV Raju, Special Counsel Zoheb Hossain, Panel Counsel Vivek Gurnani as well as Advocates Kanishk Maurya and Kunal Kochar.

[Read Judgment]