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A Delhi Court has recently observed that the media must verify any news item before it is published and clarify all facts related to it.

Chief Metropolitan Magistrate Dinesh Kumar, Karkardooma Courts has made several observations in relation to "Media Trials" and how unfair reporting meddles with the right of an accused to a fair trial, while hearing Umar Khalid's application, accused for his involvement in the Delhi Riots that took place in February last year.

While touching upon unsavoury reporting done by the Press and media, the Court stated that reporter should have such a basic knowledge of law as readers/viewers consider news item as true without verifying the facts.

Th Court noted that it is duty of the Press and Media to inform and educate its readers and viewers about all the relevant facts and circumstances of a news item published or shown on the News channel.

Khalid had filed an application stating that he had been prejudiced by the various reports published in newspapers and news channels. Though the application made no specific prayer, it sought appropriate directions to the media so that the right of the accused for a fair trial is not infringed in the future.

It was further averred by Khalid that a supplementary charge sheet qua the accused had been filed by the IO in the Court on December 12, 2020 but even before a copy of it was supplied to him, it was leaked to the media. 

In this context, the Court noted that various print and television media houses had cited purported segments of supplementary charge sheet to covey that accused Umar Khalid had admitted to having conspired to fuel the North-East Delhi riots of February, 2020 and to having involved children and women for organising Chakka Jams.

"Such reports are also in violation of the Fundamental Rights of the applicant/accused under Article 21 of the Constitution to a fair trial," the Court noted.

Highlighting the importance of the Press in a democratic society, the court stated that the news media, described as the Fourth estate in a democracy, is regarded as the sentinel guarding the existence of the society.

"The most important role of the media is its ability to mobilize the thinking process of a large number of the population. However, there exists a risk of prejudice being caused if the press and media fail to do their duty with care and caution. One of such risk is that of ‘Media Trial’. One of the basic principles of criminal jurisprudence is presumption of innocence. Hon’ble Supreme Court of India in Anukul Chandra Pradhan v. Union of India; (1996) 6 SCC 354 has observed that the presumption is legal in nature. This should not be destroyed at the very threshold through the process of media trial," the court noted.

It was highlighted by the Court that even though the accused had never admitted or confessed to his involvement in the riots at any juncture, some news reports had reflected the same.

However, the Court said, a confessional statement made to a police official is not admissible as evidence in law and that the news reports have only highlighted that accused Umar Khalid had confessed his involvement and none of the news item made a clarification to its readers/viewers that such a statement, even if actually made, could not be used by the prosecution as evidence.

"In one of the news items, the news starts with words “Radical Islamist and Anti Hindu Delhi Riots accused Umar Khalid....”. The said news item portrays the entire Delhi riots as Anti Hindu Riots. However, in fact this does not appear to be the case, as all the communities have felt the consequences of those riots," the Court noted.

Court said, while relying upon Sukhwant Singh Vs. State of Punjab – 2009 (7) SCC 559 that the reputation of a person is his valuable asset and is a facet of his right under Article 21 of the Constitution and that any act of the Media which might deprive the accused of his dignity would have an adverse effect on his rights guaranteed under the Constitution of India. "Therefore, any news item should be published after verifying and clarifying all the facts related to the said news item," it added.

Umar Khalid, Sharjeel Imam, Asif Iqbal Tanha, and others arrested under stringent sections of Unlawful Activities (Prevention) Act (UAPA) in connection with North-East Delhi violence last year.

More than 750 cases were registered over the northeast Delhi violence, in which at least 53 people were killed and several others were injured.

So far, over 250 chargesheets have been filed in the violence-related cases in which 1,153 accused have been charge-sheeted.

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