"Can't Restrict Journalism To Law Reporting": Calcutta HC Not Inclined To 'Gag' Media In Recruitment Scam Case Against Abhishek Banerjee

The Calcutta High Court today refused to pass orders on a plea moved by Rujira Banerjee, wife of TMC MP Abhishek Banerjee, an accused in the multi-tier recruitment scam in West Bengal being investigated by the CBI and ED, challenging media coverage of her husband’s trial, as creating prejudice and treating him as guilty sans an outcome.Senior Advocate Kishore Datta argued that the petitioner and her family enjoyed a fundamental right to privacy and that ‘sensational media trial’ against her husband, had led to public perception deeming him guilty, even without a Court verdict.Datta argued that such sensational coverage would tantamount to criminal contempt of court, as it was interdicting the justice delivery process, and commenting on an ongoing investigation into the petitioner’s husband, thereby taking away his right to a free trial.Upon hearing the petitioner’s submissions, Justice Sabyasachi Bhattacharya remarked:"What is sensational? How can you decide that? For you and me the meaning of it may be different. Even if I pass this order, how can you enforce it? It will be a gag order in every sense…that is not expected in a democracy. Access to justice is also information about justice. How can you stop the media from reporting? The maximum you can get, is that we direct factual reporting and that the views of the media cannot be expressed till conclusion of trial. Can we restrict journalism to law reporting? Like AIR? Can you do that to the public? Some views can come in for healthy discussion. How can you interdict that?"DSG Billwadal Bhattacharya submitted that the petitioner, Rujira Banerjee, being a Thai citizen, only holding an OCI card, would have to satisfy the Court that protection of her Article 14 and 21 rights would be paramount to the Article 19 rights of Indian citizens.Accordingly, upon noting accommodations sought for by the DSG and counsel for the petitioners, the Bench directed the matter to appear for further hearing on 11th October."We will list this tomorrow. Please be precise in your submissions Mr Datta…there are more important matters before this Court, such as people not getting electricity, etc," the Bench concluded.Banerjee had been summoned to appear before the ED upon orders passed by a single-bench of Justice Amrita Sinha, which was not interfered with by a division bench presided over by Justice Soumen Sen, which directed the ED to examine documents presented by Banerjee pertaining to his assets, before summoning him, only if required, after 48 hours’ notice. A majority of these news stories…have little to no connection with the actual facts and circumstances of ongoing investigations. The mainstream media operating both in traditional and digital spheres, has portrayed the petitioner and her husband as though they are proven guilty persons. The petitioner emphasizes the urgency of halting such media reportage, as it not only affects their right to a fair investigation/trial but also jeopardizes the adjudication process, it was submitted.The petition has impleaded the Editors-in-chief of various mainstream and Bengali media outlets such as Republic Bangla, SwarajyaMag, ANI, MyNation, Republic Media, HT Media, Hindustan Times, Hindu Post, etc. The Press Council of India and X Corp (formerly Twitter) have been impleaded as well. Notably, the division-bench presided over by Justice Soumen Sen had observed that the single-bench which was in seisin of the recruitment scam matters, exercise more discretion in revealing confidential information in open court, after Banerjee’s lawyers had assailed the single-bench’s decision to read out contents of the ED’s report pertaining to the MPs assets during live-streamed proceedings. Case No: WPA/22990/2023Case: Rujira Banerjee v Union Of India & Ors

"Can't Restrict Journalism To Law Reporting": Calcutta HC Not Inclined To 'Gag' Media In Recruitment Scam Case Against Abhishek Banerjee

Srinjoy Das

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