- (1.) HEARD Sri S. K. Garg, Advocate, representing the petitioner and Dr. Ashok Nigam, Additional Solicitor General of India. Allahabad High Court, Allahabad, representing respondent No. 1 and 2 and the learned Standing Counsel of State of U. P. representing respondent No. 3, 4, 5, 6 and 7 are also being heard.
(2.) THE question is precisely receiving the attention of the Apex Court in the case of Writ Petition (Civil) No. 39 of 2006, Amar Singh v. Union of India & Ors. , wherein the Court has passed the order dated 27-1- 2007 (Annexure-3 to the writ petition ). In the said order the Apex Court in some what similar circumstances directed the electronic and print media not to publish/display the unauthorizedly and illegally recorded telephone tapped versions of any person till the matter is further heard and the guidelines issued by the said Court. In the instant case the matter is slightly different. The petitioner has approached this Court praying a writ of mandamus to command respondent No. 1 and 2 to restrain forthwith the electronic and print media from publishing or displaying unauthorizedly and illegally recorded CDs as referrerd to in the newspaper report and news bulletin telecasted in Star T. V. Zee T. V. , Aaj Tak and N. D. T. V. etc. This writ petition is confined to the relief (a) only. In para 44 of the writ petition the other reliefs are beyond the scope of this Court. Therefore, the petitioner is not permitted to seek relief from this Court contained in relief clause (b) of para 44 of the present writ petition and the same is not being pressed and rejected as such. Releasing material/information in public news papers/t. V. channels beyond the desired magnitude and length in the matters of crimes/offences alleged to have been committed by the petitioner are prima facie and apparently liable to adversely affect the reputation and status of the petitioner, apart from misleading the investigation or influence the same. In view of it in the matter of criminal cases pending investigation the electronic media or the print media should not be prima facie allowed to broadcast/advertise or publish the same beyond certain limits which may be within the parameters of information to the public without overstepping to the limit of right to information which may amount to undue influence in the investigation pending in the case in the public news paper and also otherwise. We find no prejudice shall be caused if the respondents are required to ensure that the print media and TV channels under its control are not permitted to broadcast CDs or other material of evidentiary value in the case registered against the petitioner and pending investigation, The newspapers, print media and electronic media are hereby restrained from advertising/publishing or broadcasting CDs/information/material/evidence relating to the criminal case pending investigation against the petitioner.
(3.) WE take note of the submissions made on behalf of respondent No. 1 and 2 as well as the learned Standing Counsel of the respective Governments are not interested to authorize any one to broad- cast/publish or issue any material relating to the CD and any other material in the instant case. This order of ours is, therefore, in consonance of the stand taken on behalf of respondent No. 1 and 2 and the State Government. Both the Governments are hereby directed within their control and within four corners of law to restrain the electronic media or print media to publishing, or broad casting or releasing any information to the same effect. Learned Counsel representing the respondents pray for and are allowed four weeks time to file their respective counter- affidavit. The petitioner shall have two weeks thereafter to file rejoinder affidavit. List the matter for admission/final disposal immediately thereafter. Certified copy be given within 24 hours on payment of usual charges. List for admission. .;