Mumbai: The Bombay High Court on Tuesday questioned under which provision does the subordinate court have the power to issue an order prohibiting the media from publishing the Sohrabuddin Sheikh trial.
Justice Revati Mohite Dere was hearing two petitions challenging an order passed by the special CBI court on November 29, 2017, banning the media from reporting and publishing the Sohrabuddin, Kauser Bi, and Tulsiram Prajapati trial against cops from Gujarat and Rajastan. The CBI charge sheet had pointed out that police officers from Gujarat and Rajasthan entered into a conspiracy to kill gangster Sohrabuddin and abducted his wife Kauser in 2005.
The lawyers, appearing for the accused, tried to seek an adjournment by saying that all matter pertaining to this case and judge B.H. Loya is being heard at the Supreme Court, and hence this matter should be sent there. However, the court rejected the plea. The HC was hearing the petitions filed by nine journalists and the Brihanmumbai Union of Journalists, and will continue dictating the rest of the order on Wednesday.
The counsels, representing the journalists, said that the order violates the fundamental right of speech, and must be set aside.
Special CBI Judge S.J. Sharma had said, “Considering the sensibility of the matter, likelihood of happening of any untoward incident and likelihood of effect on the trial of this matter, in case of day-to-day publication of evidence may be brought on record.”
The court had allowed the application by the defence, and said, “It may happen that the publication may create security problem for the accused, prosecution witnesses, the defence team, and the prosecutor.”
