Shraddha murder case: Delhi HC pulls up media channel seeking vacation of order restraining airing of Narco Analysis Test

May 24, 2023

New Delhi [India], May 24 : The Delhi High Court on Wednesday pulled up a media channel seeking the vacation of an order restraining the publishing and telecast of the charge sheet content including the Narco Analysis Test CD in Shraddha Murder case.
The high court also issued notice on the application and listed the case for further hearing on August 3, 2023. They said that they will file their response by the next date.
The counsel appearing for accused Aftab Amin Poonawalla and Special Public Prosecutor (SPP) for Delhi police Amit Prasad opposed the plea.
Justice Rajnish Bhatnagar asked the counsel appearing for the media channel if the matter is sub judice, then the content of the charge sheet should be telecast on television.
"You can't take the chargesheet in a case and affix them on walls. Some line needs to be drawn about how much these public documents can be displayed on TV", Justice Bhatnagar said.
Justice Bhatnagar pointed out while hearing an application moved by a media channel seeking a vacation of an order restraining media channels from displaying or telecasting psychological assessments, voice layered tests and narco analysis of accused Aftab Poonawalla.
The Counsel appearing for the channel submitted that the order passed by the bench violates their fundamental right.
"This is your fundamental right to display a matter under sub-judice on TV? How many criminal cases pending before courts are being displayed on TV?", Justice Bhatnagar questioned.
The counsel submitted that the material is a public document and that he is only asking for an early date for the hearing of the matter.
Justice Bhatnagar, however, said that such materials are there in every case but they are not shown on TV.
"There are more heinous cases than this... There are 20 murders all over India daily. What is so special about this case? Was the Nirbhaya case played on TV channels? Why are you choosing this particular case", Justice Bhatnagar asked.
No early date will be given in the application and it will be heard on the date already fixed in the main matter which is August 3, the court said.
The Court has also asked the counsel to come up with answers to all the questions posed to him.
"You will display the material related to Atiq Ahmed's murder also? Come up with an answer to this question as well... I will see you on August 3," the Judge said.