- (1.)THIS Criminal Writ Petition raises issues of considerable seriousness which are also of immense public importance. It concerns the sanctity that is required to be attached to the right of privacy and the aspect of confidentiality that must be observed by public authorities entrusted with investigations, with particular accent on cases relating to women. Briefly stated, it has been pointed out to this Court that two nuns, who deserved general admiration for the fact that they were looking after a group of 20 homeless boys at an institution called "sneh Sadan" at Jogeshwari, were found dead on the morning of 16-11-1990 with multiple stab injuries on their bodies. The institution functioned from a small house where the conditions were so austere that robbery appeared to be the least of the likely causes for the incident. The Police Authorities took charge of the bodies and sent the same for post--mortem examination in normal course. On 18-11-1990, the incident was reported in the headlines of three leading daily newspapers wherein statements were made to the effect that the examination of the bodies indicated that the nuns were used to sexual intercourse and that one of them appeared to be suffering from a veneral disease. Having regard to the sexual overtones in the disclosures and the fact that the deceased were not only women but that they belonged to a religious body, the press reports on the nuns created a sense of alarm and provoked a strong reaction of resentment from various quarters. The record indicates that subsequently the post-mortem reports and the Chemical Analysers Report established conclusively that both the allegations made against the deceased women were baseless and untrue. It also emerges that even though three full months have passed since the unfortunate incident, the Police Authorities have so far not apprehended the assailants.
(2.)THE present Criminal Writ Petition has questioned the property of making disclosures that are basically scandalous and offensive with the sole purpose of indulging in sensationalism and possibly diverting the attention from the main issue, namely, the detection of the crime. The petitioners have prayed for a direction that an enquiry be held for the purpose of ascertaining the source of the reports that appeared in the Press and fixing the responsibility for the same as also for a direction to the Police to carry out a vigorous investigation into the crime so that the assailants can be brought to trial.
(3.)HAVING regard to the importance of this case, we had directed the additional Commissioner of Police (Crime), Greater Bombay, and the Additional Coroner to enquire into the charges levelled against them which were to the effect that the disclosures were at the instance of their respective Departments and to file Affidavits within a weeks time. On 18-2-1991, we had passed the following order :-
"we are pained to observe that information has been disclosed to the Press which is not in consonance with the facts collected during the investigation. Police authorities conducting investigation in offences of serious nature must act with due responsibility in disseminating information to the Press at an intermediate stage and that too on a factual basis. It must avoid sensationalism and undue publicity. Allegations in this petition appear to point out exactly the same. It is therefore desirable that the respondent No. 2 and respondent No. 3 to enquire into the allegations made in this petition and to file reply within one week. S. D. one week. "