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SC rejects Asaram's Writ Petition; grants liberty to approach the Court

Live Law News Network
21 Oct 2013 3:20 PM GMT
SC rejects Asarams Writ Petition; grants liberty to approach the Court
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Supreme Court  today disposed of  the Writ Petition  filed by  Asaram Bapu, and while so, granted  him liberty to approach again, in case the media is not following the guidelines issued  in its various judgments .

Asaram Bapu, had sought relief from the Court invoking  its Writ Jurisdiction, seeking a direction to restrain the  media  from publishing any news report/article in any manner, adversely prejudicing  Writ Petitioner's right to fair trial and also  presumption of being innocent until proved guilty before the competent Court of law. As an alternative relief, it was prayed to issue a writ in the nature of mandamus directing  postponement of publication of any news report/article in any manner  adversely prejudicing the  writ petitioner's right to fair trial .

The counsel who appeared for the writ petitioner  heavily relied upon the Judgment of the Court in  2012 (10) SCC  603 para 12, 47, 50 – Sahara India Real Estate Corporation Limited and Others Vs. Securities and Exchange Board of India and Another.  After hearing the Court said “… the ratio laid down in various decisions, we are of the view that for the present there is no need to entertain the writ petition. In view of various directions in the above referred cases, we hope and trust that the media both print and electronic would follow those guidelines. With the above observation, the writ petition is disposed of. Petitioner is free to approach this Court if the ratio laid down by this Court is not adhered to by the reporting agencies”.

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