The court, however, clarified that “press releases cannot be gagged and every agency has their right to release it”, and reserved the order.
The Delhi High Court Thursday termed as “unacceptable” the stand of the Delhi Police that a media trial was in fact started by Pinjra Tod activist Devangana Kalita and, therefore, she can’t complain about police press releases which alleged she was part of a “deep-rooted conspiracy”.
“… This is an unacceptable stand. If this is the understanding that Delhi Police has, then this must be corrected,” Justice Vibhu Bakhru observed, after the Delhi Police counsel failed to respond satisfactorily on whether they intend to issue any further press statement in relation to Kalita (31).
The court, however, clarified that “press releases cannot be gagged and every agency has their right to release it”, and reserved the order.
The court posed the query to the Delhi Police counsel Amit Mahajan while hearing Kalita’s petition, seeking directions to the force not to leak allegations about her to the media while investigation was pending.
She also sought directions to police to “forthwith withdraw all allegations” contained in the June 2 “brief note”.
As per the petition, Kalita is accused in four FIRs, including one for allegedly participating in protests in Darya Ganj on December 20 last year and two for her alleged role in the anti-CAA Jafrabad sit-in protest in February.
The court sought to know if police are likely to release further press releases before filing the chargesheet in the case. Mahajan submitted that “it would be premature to comment. Statements can be made to this effect that any further release or press release made, if at all, will be in strict compliance of the guidelines issued…”
He stated, “for future, whether we intended to or not. We won’t be able to comment as of today.” The court observed, “… But if you look at the affidavit (of the Delhi Police), that has been filed, it gives a clear indication that you have taken out a press release because of joining the media trial. That the media trial is actually started by the petitioner and, therefore, they can’t complain of these press releases.”