Delhi: A court here restrained a news channel on Monday from utilising in any form any material related to the FIR registered in the Mehrauli murder case.
The link court of Additional Sessions Judge Rakesh Kumar Singh was hearing an application moved by the Delhi Police regarding issuing orders to "Aaj Tak" and other media channels not to telecast any material regarding the FIR in the case.
Aaj Tak news channel shall not utilise material related to FIR: Court
"However, since if an immediate order is not passed, the application itself will be rendered infructuous, this court is of the view that till the next date, the Aaj Tak news channel shall not utilise in any form any material related to the FIR. The matter be taken up on April 17 for a detailed hearing," the judge said.
When Article 21 of the Constitution protects the life and liberty of a person, it also contemplates the protection of the psychological state of mind of such a person. Any dissemination of sensitive information pertaining to a murder case will definitely result in psychological repercussions for the accused and also for the victim's family, the court observed.
Channel was contemplating airing recording of narco-analysis test
The judge said it was brought to the court's notice that "Aaj Tak" is contemplating telecasting some recordings or transcript of the narco-analysis test and the prosecution has claimed that it would be damaging not only for the case but will also impact the accused and the family of the victim.
"They also claim that the law-and-order situation may be disturbed due to the public sentiments involved in the case," the judge said.
The judge, however, underlined that he was taking a "prima facie view" and a detailed hearing would be given to the parties.
"I am of the view that the application needs to be heard at length not only from the side of the state but also from the side of the Aaj Tak news channel. For this, let the state serve a copy of the application on the Aaj Tak channel (by the name of the company), which shall be at liberty to file a response," the judge said.
Recordings, transcript part of court record, cannot be used without permission: Court
He also noted the submissions made by Chief Public Prosecutor Vinod Sharma and Special Public Prosecutor Amit Prasad that recordings and transcripts have already been made part of the court records and in such circumstances, no party or person can utilise anything related to a court record without the permission of the court.
It is already a settled law that a chargesheet is not a public document. Therefore, it cannot be made available for public consumption, the court said.
According to the chargesheet filed in the case, accused Aaftab Ameen Poonawala allegedly strangled his live-in partner Shraddha Walkar on May 18 last year and sawed her body into several pieces, which he kept in a refrigerator for almost three weeks at his residence in south Delhi's Mehrauli.
