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The Karnataka High Court recently directed police officers to strictly follow the circular issued by the State government on August 11, 2021 with regard to divulging information regarding criminal cases to the media before the investigation is completed.

"In view of compliance by the respondent/ State, we would find that there is substantial compliance. In terms of the circular issued by the respondent/State, the police officers who are in-charge of the investigation are hereby directed to strictly adhere to the instructions incorporated in the circular dated 11.08.2021", said a division bench comprising of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum. 

The Court was hearing a plea by H Naghabhushan R which sought directions to be issued to the Ministry of Information and Broadcasting to frame statutory rules to prevent publication of indecent and obscene content as part of the news/any other programme in the electronic and print media. 

The plea argues that the Cable TV (Regulation) Act-1995 has no such provision or scheme to prevent such mischievous publication. 

Though Section-5 of the Act provides that no person shall transmit or re-transmit through a cable service or any programme unless such programme is in conformity with the prescribed programme code, there is no definition for programme code, the petitioner submitted.

In response, the state government by memo dated June 10, 2021 placed on record circulars and instructions issued to the Police regarding divulging information of investigation to the press and media.

Taking judicial note of the same, the Bench had directed the respondent/State to initiate appropriate proceedings against the erring police officials. 

The State government's compliance of the same was informed to the Court via a memo dated August 12.

While disposing of the please, the Court opined, 

"We have given our anxious consideration to the directions issued by the respondent/State to the police officers not to disclose information regarding details of cases under investigation. The directions are detailed at clauses (a) to (f) of circular dated 11.08.2021....In terms of the circular issued by the respondent/State, the police officers who are in-charge of the investigation are hereby directed to strictly adhere to the instructions incorporated in the circular dated 11.08.2021".

Cause Title: H Nagabhushan Rao v. Ministry of Information and Broadcasting