The Supreme Court on Friday asked the Centre whether it had any rule or regulation governing action of police personnel to speak to media on cases pending investigation and trial.
Hearing a PIl filed by a lawyer Surat Singh, who demanded guidelines for media and police in handling cases where the reputation of accused is at stake all through the investigation and trial, the bench indicated that the role of police was “crucial”. “In some States permission is required by police to speak on certain pending criminal cases. Suppose in cases of terrorism or a sensitive case such as riots where the name of a community may not be disclosed. Should officers seek permission to speak, for we see even head constables and sub-inspectors telling the Press about the progress of investigationIJ” the Bench of Justices BS Chauhan and SA Bobde said.
Additional Solicitor General (ASG) PP Malhotra said that with regard to CBI, only an official spokesperson is allowed to speak. But as regards the States, he sought time to seek instructions. The court directed the Union Home Ministry to give suggestions in this regard. In addition, it sought assistance of NHRC and other States to give their responses as well.
The occasion for the PIl to raise these concerns emerged out of the reporting by a section of Press and electronic media of the Aarushi-Hemraj murder which shocked the nation. The court had initially issued a ban on any further reporting of the case as it felt that the reporting of investigation sullied the reputation of the minor girl who was murdered in her room at Noida. Her parents, who are being tried for the twin murders, also moved applications to prevent further reporting of the incident.
With the News Broadcasting Association (NBA) stepping forward with suggestions to regulate electronic channels and a Constitution Bench of the Supreme Court directing that in sensitive cases, the Courts could order media to postpone reporting a case in public interest, the Bench focused on the unchartered territory of the role of police interacting with media.