New Delhi, April 20 (). A Delhi court on Thursday disposed of Delhi Police’s plea seeking a stay on Aaj Tak and other media channels from airing content related to the chargesheet in the Shraddha Walker murder case.
The sessions court on Thursday disposed of the police’s plea to restrain news channels from using any material related to the charge sheet. Aftab Amin Poonawalla is accused of strangling his live-in partner Shraddha Walker to death in Mehrauli area and chopping her body into several pieces and keeping it in a refrigerator.
The Delhi Police had filed an application on April 10 and hearing it, Additional Sessions Judge Manisha Khurana Kakkar, Saket Court Complex, noted that Special Public Prosecutor Amit Prasad had placed on record the Delhi High Court order dated April 19, In which the media channels were directed not to publish or telecast any material related to the charge sheet in the case.
The judge said, in view of the aforesaid order placed on record by the State Government, since the Delhi High Court has seized of the matter, this Court has no further jurisdiction to entertain the application. The application is disposed of.
On April 17, the court directed Aaj Tak news channel not to telecast the findings of the narco analysis and psychological evaluation conducted on Poonawalla.
ASJ Kakkar had given liberty to the police to approach the High Court to pursue the remedy requested in their application to restrain news channels from telecasting or publishing any material related to the FIR registered in the matter.
Kakkar had said, publication of the said document, particularly 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, therefore the channel Broadcast of content may not be allowed.
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 had then taken note of an undertaking by the counsel for the news channel that it would not broadcast, publish or make available to anyone the content of the voice layered test, narco analysis or conversations captured on Dr Practo’s app for three days.
The judge had said, “You (Delhi Police) can approach the constitutional court and exercise your remedy.” You need a command that will help you with other channels as well. Getting orders from the High Court will be in your favor.
SPP Prasad had 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.
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.
SGK
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