SAINT SHRI ASHARAM BAPU CASE - S.C Declines Gag Order on Media Reporting:
Key Points : Writ of Mandamus was filed for directing postponement of
publication of any news report/article in any manner whatsoever, adversely
prejudicing the petitioner's right to fair trial and presumption of being innocent
until proved guilty before the competent Court of law at least till conclusion
of the trial.
Held : There is no need to entertain the writ petition. In view of various
directions in the above referred cases, we hope and trust that the media both
print and electronic would follow those guidelines.
Petitioner is free to approach this
Court if the ratio laid down by this Court is not adhered to by the reporting
agencies.
Full Text of S. C order :
S
U P R E M E C O U R T O F I N D I A
RECORD
OF PROCEEDINGS
WRIT
PETITION (CIVIL) NO(s). 900 OF 2013
SAINT
SHRI ASHARAM BAPU …………………….Petitioner(s)
VERSUS
U.O.I
& ORS ………………………………………….Respondent(s)
Date: 21/10/2013
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RANJAN GOGOI
O R D E R :
The petitioner has approached this
Court by way of the writ petition under Article 32 of the Constitution of India
praying for writ of mandamus or appropriate writ, order, direction, restraining
the respondents as well as media in general from publishing any news
report/article in any manner whatsoever, adversely prejudicing the petitioner's
right to fair trial and presumption of being innocent until proved guilty
before the competent Court of law or in alternative the petitioner has prayed
issue writ of mandamus or appropriate writ(s), direction(s) directing postponement
of publication of any news report/article in any manner whatsoever, adversely
prejudicing the petitioner's right to fair trial and presumption of being innocent
until proved guilty before the competent Court of law at least till conclusion
of the trial.
We have heard Mr. Vikas Singh,
learned senior counsel appearing for the petitioner at length. After taking us
through the publication made in certain dailies as well as coverage of
electronic media, Mr. Vikas Singh has also relied on various earlier decisions
of this Court viz. 1997 (8) SCC 386 para
37 - State of Maharashtra Vs. Rajendra Jawanmal Gandhi ; 2005 (2) SCC 686 para
10 – M.P. Lohia Vs. State of W.B. and Another ; 2010 (6) SCC 1 para 297, 298, 299, 301, 302, 303
- Sidhartha Vashisht @ Manu Sharma Vs. State (NCT of Delhi) and 2012 (10) SCC 603
para 12, 47, 50 – Sahara India Real Estate Corporation Limited and Others Vs.
Securities and Exchange Board of India and Another.
After hearing the argument of the
learned senior counsel appearing for the petitioner as well as the publication
and news coverage which are enclosed with the present writ petition as well as
the ratio laid down in various decisions, we are of the view that for the
present there is no need to entertain the writ petition. In view of various
directions in the above referred cases,we hope and trust that the media both
print and electronic would follow those guidelines.
With the above observation, the writ
petition is disposed of. Petitioner is free to approach this Court if the ratio
laid down by this Court is not adhered to by the reporting agencies
No comments:
Post a Comment