[Media Trial case] "Can you guarantee a police officer will not be influenced by media statement?", Bombay High Court asks

In the course of hearing PILs against media trial, the Bombay High Court today asked parties to make submissions on the adverse effects of media trial on investigations and whether the Court has power to lay down any guidelines on the issue..The Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni has directed parties to specifically address the court whether the sensationalised reportage in the Sushant Singh Rajput case amounted to a media trial and whether the Court can intervene in such a case..The Court noted that it had not been shown any judgment in which an alleged act of media trial was at a pre-charge sheet stage.."Let us not be blinded by precedents. Come to the bare facts, let us know the boundaries of our jurisdiction."the Court said.Opining that it wants to give guidelines with respect to interference during investigation before the filing of the charge sheet, the Court asked the parties to address them specifically on allied issues such as, “Whether we should say that the media should report responsibly keeping in mind the facts?” .With regard to reporting on the 'accused,' the Court enquired if trial by media would lead to:Interference in deciding whether an accused goes for trial or not?Accused being on guard or tampering with the evidence?Tarnishing of reputation in case of an innocent person?.For the witnesses, the Court expressed their concerns on the effect of media reportage on the possible witnesses who are being summoned for investigation. .The Bench contemplated that media trial may lead to witness becoming hostile either by threat or bribe. Further, the witness could even be physically harmed for not giving evidence, the Court remarked. .With regard to the influence of media on police officers, the Court asked parties to clarify whether the principle of media trial influencing a judge would apply to the investigating officer too. ."Can you guarantee police officer will not be influenced by media statement like ‘this is not the right track for investigation’ and then start hounding an innocent person?"Bombay High Court.Referring to submissions made pertaining to investigative journalism, the Court asked the parties to apprise the Court of "any law which mandates to make bare the investigation carried out by an agency and if there is any obligation to disclose evidence?” .The Court opined that if the media wants to aid in the investigation, it can do so under the provisions of the Code of Criminal Procedure by giving information with the police.."Can you malign a police officer or an agency?"the Court enquired..The Court concluded the hearing today by directing all parties to submit their written submissions before the next hearing specifically on the issues pointed out by the Court..Senior Advocate Aspi Chinoy also made his rejoinder submissions today, re-asserting that guidelines should be issued by the Court in the matter..[Media Trial case] You are no judge or jury to decide who should be investigated or hounded: Aspi Chinoy argues in Bombay High Court .In the previous hearing, the Bench observed that it might be required to issue guidelines to curb media trials. The hearing will continue on November 6, Friday next week..[SSR Media Trial case] We are dealing with something unprecedented, so we have to lay down guidelines: Bombay High Court

[Media Trial case] "Can you guarantee a police officer will not be influenced by media statement?", Bombay High Court asks

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