Medical College Bribery case: Patiala House Court gags media from reporting on IM Quddusi J

The Patiala House court today passed an order restraining media houses from reporting on the ongoing investigation in the medical college bribery case registered against former high court judge, Justice IM Quddusi, till the probe is complete..The Court passed an order in the case concerning Foundation for Independent Journalism that publishes online news , www.thewire.in. Other respondents in this case are Times of India, ABP News Network and the CBI..The court has also directed media houses to remove all previous reports available on their websites..Additional District Judge Twinkle Wadhwa passed the order while hearing an application filed by Quddusi J seeking a restraining order against the media from publishing any news item related to the medical college bribery scam..It was contended by Quddusi that the publications are defamatory in nature, and have brought him much disrepute by creating an impression of a doubt on his integrity..Quddusi also contended that the media, by publishing articles that pronounce him as guilty, have thereby infringed upon his right of presumption of innocence..It was further contended by him that the publications, besides interfering with the due process of law, also violated the principle of fair trial and open justice..While passing the order, the court observed that the constitutional right of freedom of speech and expression does not confer a right on anyone to denigrate a person and cause injury to their reputation by levelling unsubstantiated allegations..The Court also observed that any publication connecting the plaintiff with such allegations creates a sensation, which leads to a trial by media..The Court was of the prima facie view that since the publications are bound to bring disrepute to the plaintiff along with obstructing the process of free and fair trial, any publications regarding the same must be restrained. It also observed that the publications and the telecasts were prima facie defamatory in nature and might lead to obstruction of justice..The Court observed,.“As per the material available on record wherein primarily on the basis of tape recordings, verification of which is required to be tested in a court of law, the defendants are excessively publicising the same which gives an impression as if the plaintiff is actually involved in the incident in order to create adverse public opinion. His name is prominently written in the articles and imputations are mentioned while the investigation is still pending.”.The Court has however clarified that the order will continue to operate until such time the Central Bureau of Investigation (CBI) files its final report in the case, or till the court passes any further orders..It further held,.“However, media houses are free to report about any Court proceedings pertaining to this FIR or about the final conclusion of the police report as and when filed before appropriate Court covered under the ambit of fair reporting on the basis of true, correct and verified information.”.Advocates Vijay Aggarwal, Tarun Singhla and Mohit Tyagi appeared for IM Qudussi. Ashish Verma and Prachi Johri appeared for Wire. Akshay Chandna appeared for Times of India. Shri Ramesh Chandra appeared for ABP News. Nikhil Goel, Gupreet Hora and Ashutosh Ghade appeared for CBI..Here is operative part of the order:.Justice Quddusi was elevated as an additional judge of the Allahabad High Court in 1993 and was made a permanent judge in 1995. He was then transferred to the Orissa High Court in 2004, where he would serve for six years before his transfer to the Chhattisgarh High Court. He retired in 2012..The CBI, on September 20 last year, arrested Quddusi along with four others, suspecting their involvement in a racket relating to the opening of medical colleges in Uttar Pradesh..Have you seen our video on Medical College Bribery case?.Read order: