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Bombay High Court to continue hearing PILs filed against Media Trials on account of media coverage, into the issue of the death of actor #SushantSinghRajput.

#JusticeForSushantSinghRajput
#SushantAIIMSTape

The Bombay High Court Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni will hear the petition(s).

#SushantSinghRajput
#JusticeForSSR

Sr Adv Devadatt Kamat is arguing.

He is taking the court through statutory provisions and Rules under the Cable TV Act.

#SushantSinghRajput
#JusticeForSSR

"Programme Code has been incorporated to include broadcasters for both uplinking and downloading purposes," says Kamat.

#SushantSinghRajput
#JusticeForSSR

The bench inquires whether this would apply to Broadcasters.

Kamat says that the stipulated provisions apply to Broadcasters.

#SushantSinghRajput
#JusticeForSSR

Bench: What is the source of this Guidelines?

Kamat: Source will flow from the act itself. Government of India is the sole repository to the Airwaves.

#SushantSinghRajput
#JusticeForSSR

Kamat says that the GOI is responsible for ensuring that the Guidelines are upheld.

#SushantSinghRajput
#JusticeForSSR

Advocate Inamdar tells the Court that Guidelines are in the form of a contract between the Government and the Private channels.
"Contract specifically says that they have to abide by the Programme Codes," he adds.

#SushantSinghRajput
#JusticeForSSR

Inamdar: There are also penalties which emanate from Clause 8 of the Programme Code.

Kamat adds, "Airwaves a public property of the Union and have to be in accordance with guidelines and they are bound, additionally with the Contract."

#SushantSinghRajput
#JusticeForSSR

Kamat: This is public property, belonging to the union and therefore it can only be used in accordance of the GOI's permission.
#SushantSinghRajput
#JusticeForSSR

Kamat now refers to a SC Judgment Ministry Of I&B vs Cricket Association Of Bengal.

He reads the following excerpt from the judgment.

"The right to use airwaves has nothing to do with Freedom of Speech"

#SushanthSinghRajput
#JusticeForSSR
#SSR

Kamat is telling the Court that when Complaints regarding the #SSR Media Trial case came up, the Govt itself sent these complaints to private organisations - NBA & NBSA.

"The Government cannot outsource this, Its binding on them to take this up," he adds.
#JusticeForSSR

"These complaints were forwarded to NBA. When they have a statutory and contractual regime in place, where is the question of the Government abdicating its obligations?," Kamat says, while arguing that the GOI did not look into complaints of Media Trial surrounding #SSRcase.

How can the Union abdicate its own contractual obligation and say that Private Self Appointed organisations will look into this egregious conduct against channels in the #SSR Case? Prima Facie evident from headlines that there is violation.
- Kamat to Bombay HC

#JusticeForSSR

Crux of Arguments till now: Kamat has told the #BombayHC that the Government of India could not have forwarded complaints to NBA, against channels in the #SSR case pertaining to Media Coverage as it was bound by Contractual & Statutory Obligations to take them up.

#JusticeForSSR

Kamat now adds that apart from forwarding of complaints which was ex-facie arbitrary, @republic has filed an affidavit saying that the NBA does not regulate them.
"Some channels subscribe to different regulatory bodies, GOI cannot leave the field open like this"
#JusticeForSSR

Kamat says that the forwarding of complaints against the Media Coverage of #SSRDeathCase by the GOI to the NBA was done without any application of mind.

#BombayHighCourt
#SushantSinghRajputCase
#JusticeForSSR

Bench: Is there any mechanism to enforce orders by NBA or NBF?

Kamat: 19(2) will be a bar. Only the State can enforce this. No delegation can be done and no private organisation can curb freedom of speech.
#BombayHighCourt
#SushantSinghRajputCase
#JusticeForSSR

Kamat now says that GOI has material before it that there is a violation of the Programme Code on the issue of media coverage in the #SSRDeathCase.

#BombayHighCourt
#SushantSinghRajputCase
#JusticeForSSR

To ensure a fair investigation and trial is your lordship's prerogative and the media has entered into that territory in the #SSRcase.

- Kamat tells #BombayHighCourt

#BombayHighCourt
#SushantSinghRajputCase
#JusticeForSSR

Kamat tells #BombayHighCourt that the coverage in #SSRCase by some channels is in Gross violation of Programme Code, Amounts to a media trial and interferes with Justice Delivery.

#SushantSinghRajputCase
#JusticeForSSR

Kamat takes the bench through incidents of reporting by @TimesNow & @aajtak in the #SSRDeathCase.
"I don't even want to go into these details, I want to show how GOI abdicated its responsibility".

#SushantSinghRajputCase
#JusticeForSSR

"Some snippets in Rejoinder to show plainly media trial in #SSRDeathCase.
There is a violation of Programme Code.
The GOI Must step in and take action. A media trial of this kind is in direct connivance with Article 21 of the Constitution".
- Kamat tells #BombayHC
#JusticeForSSR

"What constitutes a media trial and what constitutes and offence, I want to go through the Law Commissions' report on this," Kamat says

Kamat reads from the Law Commission Report, Publications which comment or reflect upon the merits of the case and interviews as such
"They have been doing this with impunity"

#JusticeForSSR
#BombayHighCourt

Bench says, "But Mr. Kamat, these are Recommendations".

Kamat says that the recommendations sum up the law, as to what constitutes a Media Trial.

#JusticeForSSR
#BombayHighCourt

Bench: These can be considered if the Government actually takes this up and formulates a law.

Kamat: What has happened is in violation of journalistic code and programme code.
My Lords has right to curb this.

#JusticeForSSR
#BombayHighCourt

Kamat now refers to the Arushi Talwar Murder Case.
"If My lords recalls, similar kind of reporting was going on in that case. In that case, the Court had asked two newspapers as to why action should not be taken against them," he argues.

#MediaTrial
#MediaWatch
#JusticeForSSR

"Trial by press and media is the very antithesis of the Rule of Law," Kamat tells #BombayHighCourt

#MediaTrial
#MediaWatch
#JusticeForSSR

Kamat now refers to the Jessica Lall Murder Case in order to extrapolate how media trials affect dispensation of Justice.
"Danger of serious prejudice if media exercises unrestricted freedom," Kamat quotes Justice Cardozo of the USA SC.

#MediaTrial

#JusticeForSSR

#SCOTUS

Speculations of murder will pass but what about months of slander?
- Kamat in #BombayHighCourt

#MediaTrial
#SushantSinghRajput
#JusticeForSSR

I am not holding the brief for anyone but only stating the paradigm of media trial and how restraint is imperative, says Kamat.

#MediaTrial
#SushantSinghRajput
#JusticeForSSR

Kamat now refers to some judgments.

Kamat on #MediaTrial: Whether public has impression of guilt..... that affects administration of justice.

#SushantSinghRajput
#JusticeForSSR

Last limb viz. #MediaTrial is the leakage of information by Investigative Agencies, exchanges shown on prime time TV.
- Kamat before #BombayHC

#SushantSinghRajput
#JusticeForSSR

"Publication of prosecutions' case information is an affront to administration of justice," says Kamat.

#MediaTrial
#SushantSinghRajput
#JusticeForSSR

Kamat tells #BombayHC
- Coverage in #SSRCase Violates Programme Code.
- Constitutes a Media Trial: Law Commission has summed this up.
- Leakage of information or purported leakage of information amounts to interference in administration of Justice.

#MediaTrial
#JusticeForSSR

The Enforcement Directorate and CBI has denied having leaked or having any information regarding leak of investigation conducted in the #SSRcase. This makes the issue, even more serious.
- Kamat to #BombayHC

@dir_ed

#MediaTrial
#MediaWatch
#Mumbai