The Delhi High Court on Friday refused to restrain the media from reporting on the Dwarka SUV crash case in which a 23-year-old man was killed [Narender Kumar Singh Vs Union Of India & Ors.]..However, Justice Saurabh Banerjee also said that the identity of the minor facing criminal charges must not be disclosed by the media.The Court passed the order on a petition filed by the father of the minor. The plea sought directions to restrain news organisations and YouTubers from reporting minor's identity in the press and social media.“Under what statute can they be barred? Journalism, freedom of press cannot be curbed. There is no rule of law that states that it needs to be curbed. If there is a genuine grievance, yes. What you are asking is a complete gag order. A complete gag order cannot be given. There is no such order which can be passed by any court of law against any media channel. How can freedom of press be curtailed?” the Court stated. After hearing arguments for some time, the Court said that the press must not disclose the minor's identity but can report on the case. “In the meanwhile, respondents 1 (Ministry of Information and Broadcasting),2 (Press Council of India) ,4 (Press Trust of India) and those under them are restrained from disclosing any record of the child for the purpose of a character certificate or otherwise in relation to the FIR till the next date of hearing," the Court directed. .The case relates to a car crash that occurred on the night of February 3. The 17-year-old minor was allegedly speeding in an SUV. The car rammed into a bike, killing the 23-year-old rider. Advocate Lal Singh Thakur, appearing for the minor's father, submitted that news reports have disclosed the personal details of the minor and that his family is being incessantly chased by the media. He contended that such media trial violates the minor’s right to a free and fair trial protected under Article 21 of the Constitution.“All media channels are showing my child’s face, reporting about his they are targeting police officers, they are talking about me and my family.”.Meanwhile, the the petition argued that “reckless reportage by the electronic media without accountability and without caring about the rights of the juvenile, fair and impartial trial cannot be read as right to freedom of speech and expression enjoyed by the electronic media.”It sought directions to restrain news platforms from publishing the name and photo of a minor."I am looking for the security of my child,” the counsel for the petitioner stated. He told the Court that his family has been receiving calls, abusive messages, online threats and social backlash. Due to this, the minor is undergoing extreme mental stress, fear and reputational harm affecting his education and well-being..The Court tested the maintainability of the petition.“How is the petition maintainable? This is best covered under section 74 of Juvenile Justice Act. How is the gag order maintainable in a writ petition? None of your prayers would be maintainable. I can dismiss this right away. Why have you filed a criminal writ petition? What is the grievance?” the Court asked. Finding maintainability under section 74 Juvenile Justice (Care and Protection of Children) Act, 2015, the Court the issued notice to the MIB, Press Council of India, Press Trust of India.It also directed the media not to disclose the name and identity of the minor-accused.The matter will be heard next on July 9. .Advocates Lal Singh Thakur, Kavya, Sudhir Tewatia, Naman, Lokesh Solanki and Mehul Gulaty appeared for the minor’s father.[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
