10 April 2023 7:25 AM GMT
A Delhi Court has restrained Aaj Tak news channel from telecasting or publishing any material in relation to the Shraddha Walkar murder case.Aaftab Poonawalla allegedly killed his live-in partner Shraddha Walkar in May last year. It has been alleged that Aaftab allegedly chopped her body into 35 pieces and disposed the pieces in batches in forests of Delhi.Additional Sessions Judge Rakesh...
A Delhi Court has restrained Aaj Tak news channel from telecasting or publishing any material in relation to the Shraddha Walkar murder case.
Aaftab Poonawalla allegedly killed his live-in partner Shraddha Walkar in May last year. It has been alleged that Aaftab allegedly chopped her body into 35 pieces and disposed the pieces in batches in forests of Delhi.
Additional Sessions Judge Rakesh Rakesh Kumar Singh of Saket Courts observed that any dissemination of sensitive information pertaining to a murder case will definitely result in “psychological repercussions” on the accused and also on the victim's family.
“When the Article 21 of the Constitution protects the life and liberty of a person, it also contemplates a protection of psychological state of mind of such person,” the court said.
The judge ordered that the news channel "shall not utilize in any form any material" related to the FIR till April 17.
The court was hearing an application moved by the Delhi Police seeking to restrain Aaj Tak and other media channels from telecasting the materials related to the case.
It was submitted that Aaj Tak news channel was contemplating to telecast certain recordings or transcript of narco analysis of the accused, recorded during the investigation.
The prosecution submitted that the telecast would be damaging not only for the case but also will impact the accused and the victim’s family.
The judge observed that no party or person can utilize anything which is related to a court record without the permission of the court.
“It is already a settled law that chargesheet is not a public document. Therefore, it cannot be made available for public consumption,” it said.
Furthermore, the court also said that the Delhi High Court Rules envisage that third person cannot obtain copy of judicial record in a pending case unless sufficient reason is shown to the satisfaction of the court.
“Therefore, if a person/entity has even if received anything related to a judicial record in any manner (legal or illegal), he/it cannot be at liberty to utilize the same without obtaining permission from the court. This concept is equally applicable to any party who has received any copy of the judicial record from the court. Even such party can utilize the record only for the purpose: for which it was obtained,” the court said.