Press conferences hamper probe: HC to cops

8 Nov 2008
The practice among top cops to address a press conference after every major crime came in for severe criticism from the Delhi High Court on Friday which questioned the current method of police-press information sharing.
Citing sensational murder cases like that of Aarushi and Saumya Vishwanathan as instances, a division bench comprising Chief Justice A P Shah and Justice S Muralidhar decried this habit of press conferences by policemen, saying it hampered probe and affected rights of the accused.

HC also issued notices to Delhi Police, the Union government and a news magazine for publishing a "confession" of an accused in the blast case, something which prompted HC’s observations on press conferences. "Is there any policy? What is the basis for such press conferences, we wish to know? They are not limited to imparting information but often go much beyond that.

It is a very serious matter," an agitated bench observed when informed that a news magazine had published a "confession" of one of those arrested by Delhi Police in connection with latest blasts on the very day of his arrest. Lawyers for the accused complained before HC that this needed to be probed as access was given to the reporter even before family members or lawyers of the accused could meet him. "These press conferences are held to disclose so called leads which turn out to be false later... this hampers the probe and rights of the accused," an anguished bench remarked, concerned over cops sharing information with media relating to investigations into cases.

When counsel for Delhi Police Mukta Gupta urged HC to issue a guideline on police press interaction in such cases, an irked bench shot back, "Why should courts tell you what to do? You are an investigating agency. Don’t you know how to preserve evidence?" the bench remarked, pointing towards the recent cases of Aarushi and TV journalist Saumya Vishwanathan, "These are glaring incidents and it has become common." The Union government also admitted that there is a need to bring a change in the system saying "it hurts one’s own foot."

Additional Solicitor General Gopal Subramaniun agreed there is a need to draw a line between what information needs to be revealed in public interest and what is not supposed to be shared with the media. "People want to know as soon as possible what happened and often police officers, in order to dispel any rumour mongering, allow media access straight to the accused. However, a line has to be drawn between public interest and rights of accused which certainly cannot be prejudiced," Subramanium said adding that people also need to know what is going on in a case. HC was hearing a petition filed by an NGO, Act Now for Harmony and Democracy, seeking a judicial inquiry doubting the police version on the September 19 encounter in which one of its officials was also killed.

'No' to judicial probe into Jamia shootout

Delhi High Court on Friday refused to order a judicial inquiry into the Jamia Nagar police encounter in which two suspected terrorists allegedly involved in the Delhi serial blasts were killed. A bench comprising Chief Justice A P Shah and Justice S Muralidhar refused to express any opinion as the National Human Rights Commission is already examining the case and its (court's) interference may amount to carrying out a parallel inquiry. The NGO argued that "facts and circumstances caste serious doubts on the version of police officials." Advocate Prashant Bhushan appearing for the NGO argued that "Even the NHRC guidelines say that a judicial inquiry be conducted in cases of encounter." He also put on record rejection of his RTI plea by Delhi Police where he had sought a copy of FIR and post mortem reports of all those who died, including inspector M C Sharma. Police denied it on the ground that Bhushan had no connection to the accused and release of information will hamper the probe.

Source:- http://timesofindia.indiatimes.com/Press_conferences_hamper_probe_HC_to_cops/articleshow/3688243.cmsFor any query:- legalpoint@aol.in