Vijay Nair who is associated with Aam Aadmi Party has approached the Delhi High Court alleging that the sensitive information related to his case is being leaked to media by the CBI and ED and it is prejudicing his right as an accused.
The High Court after hearing the submission of Senior advocate Dayan Krishnan asked the CBI and ED to place on record the officially released press communications in the case in question by Friday.
Nair is an accused and in judicial custody in a case related to the New Excise policy. His bail is pending before the rouse Avenue Court.
Justice Yashwant Varma said "let them place on record the official press communications, we will pass an adequate order after considering them."
The bench also asked, " Did the TV channels reported out of their imagination in order to exaggerate things?"
Senior advocate Krishnan submitted that the information is being leaked and that is a violation of the guidelines issued by the court in Sahara and Disha Ravi's case and MHA guidelines for reporting.
He also submitted that Dinesh Arora has turned over the case and his statement is being recorded in in-Camera proceedings. But that also come out in the press and at that moment petitioner's right was gone.
The senior counsel also submitted that almost every detail of the investigation and interrogation, in this case, is out in media on tv channels. The information is being telecasted as "according to sources". The information being aired is in violation of the guidelines.
Even the details of the investigation related to the petitioner, Durgesh Pathak and Manish Sisodia are in the public domain through the different news channels, Krishnan submitted.
He further submitted that the tv agency is carrying things out of their imagination that is dangerous. It alarms us. They claim sources, not the official designated person.
He said our concern is sensitive information is being leaked.
The court asked, " how could you establish that is from leakage?
Senior advocate replied that the channels are carrying news like what Nair has been asked, and the interrogation of Sisodia is based upon the statement of Nair. This information could come only from the investigation agency.
He also submitted that the statement of Dinesh Arora will also come in the press. Though it is an in-camera proceeding.
The court asked, " Is it in-Camera proceedings?" If it is in the camera and it comes out then it is a serious issue. Even the details of the investigation are also in-Camera, that is also not come out in the press.
The petitioner said, " It is expected but our experience is different. All material leaked is my post-arrest but before the filing of the charge sheet.
The court also said, " if the official press statement released and reporting is correct, then it is their right to report. Implead them to answer on what basis they reported."
Senior advocate Dayan Krishnan said that we are in a critical stage. If the statement of approver is out, my right is gone.
The court asked the counsel for the centre, "the disclosure is reported in real-time, prime time, day in and day out. Do You think your system is robust to control the real-time?
The court said that the press releases can be placed for our perusal.
( With inputs from ANI )
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