New Delhi, April 18 (). A Delhi court on Monday directed Aaj Tak news channel not to air the findings of narco analysis and psychological evaluation of Shraddha Walker murder accused Aftab Amin Poonawalla till the next date of hearing.
Manisha Khurana Kakkar, Additional Sessions Judge, Saket Court Complex, granted liberty to the Delhi Police to approach the High Court to comply with the remedy requested in their application to restrain Delhi Police from airing or publishing any material related to the FIR registered in the matter. gave.
Kakkar said, the publication of the said document, especially the CCTV footage, could seriously affect the right of the accused to a fair trial under Article 21 (protection of life and personal liberty) of the Constitution of India and urged the channel to publish its content. cannot be allowed to broadcast.
He also cited a 2001 Delhi High Court judgement, which stated that the media had no place in the administration of justice after the proceedings had begun. The court then took note of the undertaking by the counsel for the news channel that it would not broadcast, publish or otherwise make available the content of the voice layered test, narco analysis, or conversations captured on Dr. Practo’s app for the next three days.
The court said, “Thus, in view of the undertaking given by the said channel in the court today and in view of the said decisions, the said channel shall continue to conduct psychological evaluation and voice layered test, narco analysis and App of Dr. Will not telecast the recorded conversation on the Practo/documents as well as the charge sheet and CCTV footage.
“You (Delhi Police) can also approach the constitutional court and exercise your remedy,” the judge said. You need a command that will help you with other channels as well. Getting orders from the High Court will be in your favor. Special Public Prosecutor Amit Prasad claimed that since the digital material is sensitive in nature, disseminating it would endanger the right of the accused to a fair trial besides adversely affecting law and order.
He said, media trial not only creates prejudice in the mind of general public but also puts pressure on the court while taking the decision. Aaj Tak’s counsel argued that there is no provision under the Code of Criminal Procedure (CrPC) which can empower the present court to pass any such restraining order and there are precedents to the effect that only Constitutional Courts ( Only the Supreme Court and the High Courts) have such inherent power.
He said that there is no possibility of any prejudice to the accused in the event of such material being broadcast. On April 10, the prosecution had claimed that such telecast would not only harm the case, but would also affect the family members of the accused and the victim.
KC/SGK
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