#SushantSinghRajputDeathCase : Bombay HC is considering two PILs seeking regulation of "media trial" and "malicious campaign against @MumbaiPolice" by some media while reporting the case.

One PIL has been filed by 8 former IPS officers.

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A bench of Justices A. A. Sayed and S. P. Tavade considering the matter.

Senior Advocate Milind Sathe appearing for the 8 former IPS officers.

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Sathe says that the petitioners are seeking directions for fair reporting of crime and investigation.

"Reporting by media, especially electronic media, is a parallel media trial. Ther is also vilification of Mumbai Police @MumbaiPolice", he submits.

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"Media has virtually taken over the investigation and is doing parallel investigation and parallel trial. Mumbai police is being called a co-conspirator. There is a malicious vilification campaign": Sathe submits.

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The respondents are the Press Council of India @PressCouncil_IN, News Broadcaster's Association & News Broadcasting Standards Authority. The PCI is a statutory body and the other two are public functionaries. So writ is maintainable: Sathe

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Sathe refers to the guidelines framed by News Broadcasters Association for "self regulation". Says that the reporting in the case is in violation of these principles.
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"Current reporting (in #SushantSinghRajputCase ) is everything which is prohibited in these guidelines" : Sathe.
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Sathe refers to the regulations which prescribe that TV News Channels should ensure neutrality and that equal space must be given to all affected parties to present their view.
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Sathe also refers to the guidelines which prescribe that media should show senstivity while reporting on crimes and suicide.
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"All these principles are being violated by media (while reporting #SushantSinghRajputCase). I will show some snapshots of some reports", Sathe tells the HC.
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Sathe now refers to portions in the Supreme Court order to state that the apex court has not found any wrong-doing by the Mumbai Police.

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'There is no castigation or stigma cast on the @MumbaiPolice' : Sathe says referring to portions of the Supreme Court order of August 17.

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'Petitioners (former IPS officers) are not concerned with the accused or the victim; petitioners are not concerned about who should investigate. Petitioners are only concerned about the manner of reporting in the case' : Sathe.

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'The petitioners are concerned about the manner of reporting of the case which is against the journalistic ethics' : Sathe

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Sathe submits before Bombay HC that TimesNew @TimesNow showed visuals of the dead body of #SushantSinghRajput in a show hosted by @navikakumar in violation of journalistic norms.

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Sathe shows to the bench various reports about Mumbai Police which he terms "completely defamatory and baseless".

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News channels are calling possible witnesses; they are being cross-examined. This is an attempt to influence the investigation and to prejudice the case : Sathe tells the bench.
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Sathe tells Bombay HC that the Press Council of India @PressCouncil_IN has also criticized the media coverage in the #SushantSinghRajputDeathCase https://www.livelaw.in/news-updates/media-coverage-of-sushant-singh-rajputs-death-violated-journalistic-norms-press-council-of-india-162105

Sathe now refers to The Police (Incitement of Disaffection) Act 1922 and states that the reporting violates the provisions of this Act.

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In this case, the media has consistently tried to tarnish the image of Mumbai Police. Adjectives like 'Mumbai police murdered CrPC' are used without basis : Sathe.

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The reporting is not fair, balanced, objective and neutral. They have taken over the trial and investigation : Sathe.

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The media reporting has exposed material witnesses and crucial materials. This acts as a serious prejudice to investigation. Right to fair trial and fair investigation is part of Article 14 & 21 : Sathe to HC.

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Additional Solicitor General Anil Singh says that only now he got a call from the Home Ministry saying that a matter concerning Union of India is being considered. He says that copy of the petition has not been received.

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Sathe submits that no relief is claimed against the Union of India.

ASG seeks for adjournment stating that copy of the petition has not been served.

The bench tells the ASG that it will hear the petitioner for some time.

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Sathe now refers to the SC judgment in Manu Sharma Case, where the court expressed concerns about media doing parallel trial when the investigation is pending.

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SC had observed that 'trial by media' can hamper investigation and can affect the right of the accused to have defence, Sathe submits, referring to the SC precedent in Manu Sharma case.

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ASG appearing for Centre seeks adjournment till tomorrow.

The bench tells ASG, 'the relief is not against you (Centre)',

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'It is really surprising that the Union of India is opposing the petition which only seeks implementation of their own journalistic norms', Sr Adv Devadatt Kamat(appearing in the connected matter) submits.
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The bench tells that it will keep the matter at 3 and asks the copy to be served on the ASG.

The ASG repeats the request for adjournment till tomorrow.

"What can happen in a day", ASG asks.

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Kamat submits that the Press Council of India @PressCouncil_IN has already said that the media coverage has violated journalistic norms.
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@Devadattkamat

Kamat says the petitioners are askig the Centre to implement its own program code made under the Cable TV Act.

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'We are all for the freedom of press. But at the same time, media has some responsibilities, which if transgressed, can affect the administration of justice' : Devadatt Kamat @Devadattkamat
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Kamat says that one channel termed Sushant Singh's suicide 'hit wicket'. One channel showed the corpse of the actor, he adds. One channel circulated fabricated tweets as Sushant's last message and later deleted the news on being exposed, he adds.

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Channels are discussing the leaked chats between Sushant Singh and #RheaChakraborty. Private details are being discussed in media : Kamat.

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Kamat refers to the SC order in Arushi Talwar case on irresponsible media reporting of the crime.
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Kamat states that SC in Arushi Talwar case had restrained media from publishing any matter which "interferes with investigation, sully the character of the victim and prejudice the defence of the accused".
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The Law Commission of India has also commented that such publications "directly impinge upon the administration of justice".
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Law Commission of India has frowned upon publications on the character of the accused, comments reflecting on the merits of the case under investigation, photographs of crime scene, police investigation etc.

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When one of the witness came out of CBI office after interrogation, the media hounded him asking about the kind of questions asked. Is this the kind of reporting which the fourth estate should do? : Kamat.

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'What is happening is a direct affront to your lordships domain of administration of justice' : Kamat.
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Kamat tells the bench that the news channels are made respondents in the case and copies have been served on them.
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'A trial by press is the very antithesis of rule of law and can lead to miscarriage of justice' : Kamat quotes from a SC precedent.

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'The materials are either leaked to the media, or they have surreptitiously obtained them. We don't know' : Kamat.
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What the CBI investigating is all over there in the media. We don't know if the reports are correct or not. This affects the investigation and is impermissible: Kamat.

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Kamat again refers to the Press Council of India @PressCouncil_IN advisory against media coverage on the case, where it expressed "distress" at the manner of reporting of the #SushantSinghRajputCase

Despite the advise given by the Press Council of India, media is not heeding to it : Kamat
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What is guiding the media is not the quest for truth but a quest for TRPs and more and more commercial gains : Kamat.

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Kamat submits that the PIL petitioners had submitted a complaint before the Ministry of I&B to invite their attention to the kind of reporting going on in the case.
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