Aarushi murder: Apex court cautions media

NEW DELHI - The Supreme Court Monday cautioned media to show “sensitivity” while reporting matters rooted in crime, as an irresponsible act could damage the reputation of people involved in a case or prejudice the investigations.

The court also issued notice to two newspapers as to why action should not be taken against them. It also asked the News Broadcasters Association to file before the court the set of self-regulatory guidelines it has framed to regulate news reporting on TV channels.

While chiding the media, the apex court also pulled up the Central Bureau of Investigation (CBI) for being more interested in rushing to press than concentrating on investigations.

However, the court made it clear that it did not intend to gag the media.

Referring to reports in some newspapers and news channels on the Aarushi Talwar-Hemraj double murder case, an apex court bench of Justice Altamas Kabir and Justice A.K. Patnaik said that news reports on the matter were “very very sickening” and in an “extremely bad taste”.

“This is precisely what we had intended the press and electronic media (to avoid) when we passed the order (July 22, 2008),” the court said, adding that it could not approve of “sensationalism”.

The court said that what ever has appeared in media was in violation of earlier restraint order.

The apex court, by its July 22, 2008, order had asked both the print and electronic media to exercise caution in publishing any news regarding the case as it may prejudice the defence of the accused or damage the reputation of any person connected with it.

In its order Monday, court issued notice to two more newspapers as to why action should not be taken against them. It also asked the News Broadcaster Association to file before the court the set of self-regulatory guidelines it has framed to regulate news reporting on TV channels.

During the course of hearing, the court asked Additional Solicitor General (ASG) P.P. Malhotra as to how the reports about investigation in Aarushi Talwar murder case were leaked to media and if whatever had appeared in media was “genuine”.

The court said that the possibility of some of these reports being imaginary could not be excluded and fixed the next hearing for Aug 19.

The court said if there was an officer who was engaged in leaking reports then he should be identified and it should be ensured that in future such things do not take place.

The court said: “No body wants to gag the media but some one (through self-regulatory mechanism) can gag an irresponsible press and media.”

However, the court wondered what would happen if the self-regulatory mechanism fails. The court reiterated its earlier restraint order asking media to exercise caution in reporting on the murder case.

Appearing for Aarushi’s parents Rajesh Talwar and Nupur Talwar, senior counsel Pinaki Mishra had earlier told the court that the print and electronic media reports were “sacrilegious and slanderous” aimed at damaging the reputation of Talwars.

He told the court that the investigating agency was planting these stories in media with a sole motive of discrediting the investigations that were carried out by the earlier CBI team which gave a clean chit to Talwars.