Delhi High Court Directs Arnab to Exercise Restraint, Bring Down Rhetoric in Sundana Puskar Case

(Judicial Quest News Network)

Delhi High Court on Thursday directed Arnab Goswami, Editor-in-Chief, Republic TV to “Be Bound by” his undertaking on “Showing restraint and bringing down the rhetoric” while covering the Sundana Pushkar case. (Shashi Tharoor vs Arnab Goswami)

Senior Congress leader and former Union Minister Shashi Tharoor filed an application seeking injunction against allegedly defamatory broadcasting on Sunanda Pushkar case, by Republic TV.

The Single bench of Justice Mukta Gupta highlighted that during the pendency of an investigation in a criminal case, media should refrain from running a parallel trial, or from calling someone guilty, or from making unsubstantial claims.

Tharoor submitted that defamatory content was broadcasted him, while running numerous irresponsible news stories and debates on their news broadcast channel ‘Republic TV’ regarding the death of the Sunanda Pushkar Tharoor and the investigation.

Despite assurance given by the Defendants counsel it was unfortunate to note that the defendant deliberately continued to broadcast false, baseless and defamatory news reports against the Shashi Tharoor.

While arguing the matter on behalf of Shashi Tharoor Senior Advocates Kapil Sibal, said that the “Charge sheet has been filed. Can a man be abused? alleging that there was a mureder.How can this happen?

 Senior Advoctaes Vikas Pahwa and Garav Gupta also appeared for Tharoor.

 The Court said that the sanctity of an investigation and evidence has to be understood and respected.

While taking into consideration the previous order of this court, the court rapped Arnab Goswami by noting that

“When a case under abetment of Suicide is made out in the charge-sheet, why are you still saying that murder has been committed. Were you there at the spot, are you an eye-witness? Just because there is a bite mark, it doesn’t amount to murder, you need to first understand what murder is before claiming that a murder took place.

At the very outset the court expressed its displeasure at the claims being made by Goswami when the trial was still pending.

Advocate Malvika Trivedi arguing on behalf of Arnab Goswami informed the court that there was evidence from AIIMS, based on which certain broadcast was aired.

The Court remarked that it was for a court of law to decide what was “Evidence” in a criminal trial. “This is not evidence they are statements from here and there. A court has to take a point of view on what is evidence, you are nobody in the field to get evidence or get access to evidence. understand what is evidence in criminal law” (Justice Gupta Said)

Press has to exercise care and caution while reporting criminal matters that are under investigation.

In it’s orders the court noted that in December 2017, an undertaking was given by counsel for Goswami that restrain would be shown and rhetoric would be brought down while covering Sunanda Pushkar Case.

Since the suit is pending, Goswami is bound by the undertaking, The Court concluded. The matter would be heard next on November 20