Dear All
Time and again the presence of the media in the court has been questioned by the Judges/Advocates. Mr Y D Shinde of the MCOCA court has gone ahead and imposed a Blanket Ban on the presence of the media in the court. We have had words with several advocates, not one has said that this is justified. It is slowly turning into”One Court, One New Law”.
The Rash Driving case of Mumbai which claimed two lives has yet again been another reason for curbing the liberty of the media to even cover a particular case as per the rulebook.
It happened that the Magistrate V W Sonawne of 47th Esplanade Court asked the media for permissions to cover the case, permission from the Chief Metropolitan Magistrate. This was however replied in a subtle manner that we are not aware of permissions if any, required to cover the case. Moreover it was brought to the notice of the court that we are obstructed neither in Sessions Court nor in the High Court to cover any case. The Magistrate however stuck to his stand finally asked the media to leave the courtroom and get permissions from the Chief Metropolitan Magistrate. We kept requesting to provide us with an order and to show us the Law if any, but rather than giving us in writing the magistrate threatened us to leave the courtroom or else he will have to ask the Cops to do the needful.
Agitated, we decided to engage a Lawyer and make a representation in the court. Mr Rizwan Merchant appeared of the behalf of media. He brought to light the liberty granted to media in Section 327 of the CrPC which says and I quote " The place in which any Criminal Court is held for the purpose of inquiring into or trying an offence shall be deemed to be an Open Court to which the public generally, may have access, so far as the same can conveniently contain them".
The court has by and large appears to have agreed to Mr Merchants argument and has kept the matter for 3rd of Feb.
In the hearing the advocatefor the accused alleged that the media coverage might be an character assasination to his client(ACCUSED). Mr Merchant has said that there wont be Character Assassination of the behalf of the Media at large but the court proceedings and the facts mentioned in the remand application will be reported without any restrictions.
IT IS HEREBY REQUESTED TO ENSURE THAT OUR REPORTS DO NOT CHARACTER ASSASSINATE THE ACCUSED AND HER FAMILY. WE ARE AT LIBERTY TO SAY ANYTHING AND EVERYTHING FROM THE REMAND APPLICATION. WHATEVER HAS BEEN ALLEGED AGAINST THE ACCUSED CAN BE PUBLISHED. WE HAVE TO ENSURE THAT WHATEVER WE ALLEGE HAS TO BE IN WORDS SUCH AS "AS PER POLICE RECORDS/REMAND APPLICATION/FIR". .KINDLY ENSURE THE SAME.
Its high time that we came together and took this matter ahead as the constant obstruction causes hiccups in our day to day work. Mr Rizwan has agreed to challenge the Mr Y D Shinde’s order, if any, in the High Court. We need to set the precedent otherwise.
- Ariz Chandra (( AAJ TAK ))
