December 2,2017:

HC added that,“TV viewers who want to watch the action films should not watch TV debates on the current affairs on the ground that it contains more action and violence than any action film.”

On Friday, Delhi HC while refusing to grant an injunction in plea by Senior Congress leader Shashi Tharoor against the allegedly defamatory reporting on the Sunanda Pushkar’s death by Republic TV and its star anchor Arnab Goswami.

Delhi High Court’s Judge, Justice Manmohan expounded that, “Irrespective of style of reporting and remarks made, this Court is prima facie of the view that the reporting in the present matter is a case of legitimate investigative journalism as even three and a half years after death of Ms. Sunanda Pushkar, wife of a then sitting Union Minister, no charge-sheet has been filed.”

Justice Manmohan added that every individual/accused has a right to silence under Constitution, and no person can be compelled to give testimony or answer questions that may lead to incrimination. Thus the culture of thrusting a microphone in the face of a person needs to be deprecated.

Shashi Tharoor had filed a petition against Arnab Goswami and his channel seeking compensation and damages from him for making the defamatory remarks. He had asked for a prohibitory injunction restraining defendants from reporting any news related to death of Sunanda Pushkar till investigation is complete.

However High Court while refusing to stop the media house from airing stories relating to the mysterious death of Pushkar stated that,”Presumption of innocence and a fair trial are at the heart of criminal jurisprudence. Journalists are free to investigate but they cannot pronounce anyone guilty and/or pre judge the issue and/or prejudice the trial. The grant of the fairest of the opportunity to the accused to prove his innocence is the object of every fair trial.”

While concluding Delhi High Court directed Republic TV to give Shashi Tharoor a written notice asking for his version, before airing any stories pertaining to him. If he refuses or does not reply within a reasonable time, he should not be compelled to speak and story should be aired with a disclosure that the he has refused to speak to channel.

Source - ptinews.com