- Over the years, it has indeed become a norm when crucial and sensitive matters related to an investigation are selectively leaked to the media. As is its won’t, the media platforms are always hungry to latch onto something that is potentially positioned to grab higher television rating points (TRPs). Of course, the media does not wait for the second invitation to go full throttle in disseminating the hot topic for the consumption of equally hungry patrons. Sensationalizing something out of nothing is in vogue for eternity and the media is no exception to this trend. And the saga continues unabated where the media trial assumes greater importance than the actual trial underway in the courts.
PC: Ayush Tiwari
- It is pertinent to recollect that the Bombay High Court in the Sushant Singh Rajput case and Delhi High Court in northeast Delhi riots cases had questioned selective media leaks by police. Now, it is the turn of the Karnataka High Court to also question on the same lines. Often it is observed that the official investigators use media leaks to try and defame accused persons, and sometimes even victims as well. Note that in all this, the solution to the nagging issue of media leaks is not to muzzle the information platforms. Votaries are advocating the Contempt of Courts Act which has provisions forbidding publication that hinders the administration of justice. No doubt, it is for good reasons that these provisions are rarely used.
- On the flipside, assiduous application of these rules will rapidly shrink media freedom which is increasingly under other threats of muzzling anyway for since long. Many times the motive behind such moves is based on implicit political sanction to drag undesirables through the tortuous criminal justice system even when charges do not add up for all their worth. No wonder, police feel emboldened with such inherent incentives often leading to wild theories. A case in point is that of actor Rhea Chakraborty who was constantly vilified by news channels citing unnamed sources in central investigating agencies. Another instance can be related to ISRO scientist Nambi Narayanan’s case who was also a victim of investigators spinning fanciful yarns.
PC: Ayush Verma
- Even though these leaks have no evidentiary value per se, but none can stop public opinion from getting prejudiced and sometimes influencing even legal processes. Staying on the topic, the Delhi High Court in March has asked Delhi Police to identify the source of a supplementary charge-sheet leak containing an accused’s alleged disclosure statement. Guess what, police claimed the leak was not from its end. But that does not answer the question of accountability, you see. Investigation officers cannot evade liability for such leaks before courts taking cognizance of charge sheets. Moral responsibility to do justice to both victims and suspects as well as upholding the spirit of Constitution’s Articles viz. the principle of innocent until proven guilty and the right to reputation and fair trial squarely rests with IOs. Thus, the courts are right to question how media leaks can be stopped. Though, the answer is in the hand of leakers.
