Sushant case: Is it media’s job to advise investigating agency on how to conduct probe, asks HC

To this, the bench said: “Is it the duty of the media to advise an investigating agency? It is the duty of the investigating officer to apply his or her mind (in the probe).”

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The hearing will continue on October 12 when the court will hear other petitioners, news channels and the Union government’s stand on the matter. (File)

The Bombay High Court on Thursday asked if it was the media’s job to advise an investigating agency on how it should conduct a probe.

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni was hearing public interest litigations (PILs) plea filed by eight former senior police officers from Maharashtra, as well as activists, lawyers and NGO, seeking restraining orders against “media trial” in actor Sushant Singh Rajput’s death case.

In their pleas, filed through senior counsel Aspi Chinoy, the retired officers told the HC that though reporting on an investigation and trial was perfectly acceptable, pre-judging by news channels was a complete breach of the principles of television media and administration of justice.

“When reporting and commenting, if you pre judge, you cross a line by far. This is what we are complaining about. There was a complete breach by the TV media. Campaigns were carried out by them. This is dangerous for the rights involved in the investigation and the administration of justice,” Chinoy said.

Advocate Malvika Trivedi, appearing for a news channel, said the PILs were not maintainable and that a gag order would have a chilling effect. “Structured lines cannot be drawn on the role of the media,” she added.

To this, the bench said: “Is it the duty of the media to advise an investigating agency? It is the duty of the investigating officer to apply his or her mind (in the probe).”

The hearing will continue on October 12 when the court will hear other petitioners, news channels and the Union government’s stand on the matter.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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