The Supreme Court on Monday by an interim order restrained the print and the electronic media from carrying reports relating to the Aarushi murder case which might have the effect of prejudicing the investigation or affecting the reputation of the victim, accused or any person connected with the case.
A Bench of Justices Altamas Kabir and A.K. Patnaik passed this order on an application from Dr. Rajesh Talwar drawing the court's attention to scurrilous reports and telecasts being made in the media affecting the reputation of the victim and the family members.
The Bench, however, clarified that there would not be any restraint on the media publishing/telecasting reports which would not affect the reputation of the victim, accused or the defence or prejudice the investigation.
The Bench issued notice to the Times of India , The Pioneer and Mail Today and certain television channels seeking their response on the reports published/telecast.
Justice Kabir orally observed: “Nobody wants to gag the press. But someone can gag an irresponsible press and media reporting. The press is very important. There has to be self-regulation. If it fails, what can be done? What we are asking the Press is do not sensationalise something which will have the effect of affecting one's reputation.”
He said: “In this case she [Aarushi] was a young girl of 14 years. The scurrilous reporting would adversely affect the reputation of the deceased and the family. I am certainly against sensationalism and such character assassination.”
Referring to media reports quoting CBI officials, he wanted to know from Additional Solicitor-General P.P. Malhotra as to who was the officer who was leaking such information. The ASG said he would take instructions and inform the court.
Justice Kabir wondered why CBI officers were more interested in leaking reports than conducting investigation and whether the reports were the imagination of the newspapers concerned. Senior counsel Pinaki Mishra and Surat Singh, advocate who had filed the petition wanted fresh directions from the court. Counsel submitted that though on July 22, 2008, the court restrained the media from any irresponsible reporting, for the past two months there had been a number of reports damaging the reputation of the parents and the deceased girl.
Acting on a petition from Mr. Singh, the court passed an interim order in July 2008 asking the media to exercise caution while reporting on the Noida double murder case being probed by the CBI.
Aarushi and Dr. Talwar's domestic help were found murdered at their Noida house in May 2008.
