The Delhi High Court on Friday refused to grant relief at this stage to toolkit case accused Disha Ravi but directed Delhi Police to adhere to its affidavit that “it would not leak any information” regarding the investigation or her personal chats in the case.
The observations were made by Justice Prathiba M. Singh while hearing a petition filed by Disha Ravi, who had sought Court direction to restrain police from leaking her personal chats and other investigation material to anyone including the media.
It further noted that the Police has stated that it has not leaked and shared any input and data with the media.
While placing the matter for further hearing on March 17, Justice Prathiba M. Singh said, “Right to privacy, the sovereignty and integrity of the country and the freedom of speech need to be balanced.”
“The recent coverage by media definitely shows there is sensationalized reporting by the media,” the court said further.
The court noted that while a journalist cannot be asked to disclose his or her source but he/she shall ensure it is authentic.
The Delhi Police had on Thursday refused allegations of leaking personal chats and documents relating to its probe against Disha Ravi in connection with the sedition case against her in connection with a toolkit relating to farmers protest.
“There is no leakage from the Police’s end, I will put this on an affidavit too,” Solicitor General Tushar Mehta appearing for the Delhi Police had told the court.
Responding to the submissions made by the Solicitor General, senior advocate Akhil Sibal appearing for the climate activist had submitted, “My learned friend can say anything but the facts show something else.”
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“On February14th, I am before the Magistrate and news channel say this is from police sources,” Sibal added. He submitted that a statement shall be made by the police that nothing would be shared. This petition is merely for media attention, Mehta responded.
Noting that the matter requires more consideration, the court had put the matter for further hearing on Friday. The 22-year-old in her petition filed through Advocate Abhinav Sikri had also sought directions to the Information and Broadcasting Ministry seeking to take appropriate action against Respondent Nos. 4-6 and all other satellite TV channels including under the Cable Television Networks (Regulation) Act, 1995. “The Petitioner has preferred this Petition as she is severely aggrieved and prejudiced by the media trial surrounding her arrest and the ongoing investigation, where she is being viscerally attacked by the Delhi Police and several media houses, on the basis of leaked investigative matter and prejudicial press briefings, which is grossly violative of her right to a fair trial and presumption of innocence,” the plea said.
Ravi has said in her petition that the illegal actions and omissions on part of the Respondents has irrevocably violated her fundamental right to privacy, her right to reputation, her dignity, and the consequent effect of the administration of justice and right to fair trial – all guaranteed under Article 21 of the Constitution.
“…there is no clarification in any of the tweets or the news reporting to the effect that disclosure statements or ‘admissions’ made whilst in police custody are wholly inadmissible in evidence and have no basis in law. As such, in view of the facts described herein, it is highly likely that the general public will perceive these news items as being conclusive as to the guilt of the Petitioner,” the plea said.
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On Tuesday, a district court in Delhi had allowed her applications to speak to her mother, access to books, for providing her warm clothes, home cooked food and to have access to lawyer. The court had also allowed her access to the copy of chargesheet, arrest memo, grounds of arrest and remand application.
She was arrested from Bangalore on February 13, 2021, by Delhi police and charged with sedition for ‘formulation and dissemination’ of a toolkit to aid protesting farmers which was shared by climate activist Greta Thunberg.