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Petition in SC Challenging HC Order Restraining Media from Reporting on Probe in Bihar Shelter Home Case

Team SoOLEGAL 5 Sep 2018 6:00pm

Petition in SC Challenging HC Order Restraining Media from Reporting on Probe in Bihar Shelter Home Case

A plea was filed on Wednesday in the Supreme Court against a Patna High Court order that has restrained the media from reporting the investigation into the case of Muzaffarpur shelter home abuse.

The plea, filed through advocate Fauzia Shakil, has sought a stay on the operation of the HC’s August 23 order, alleging it to be “patently erroneous” as it resulted in imposing a “blanket ban” on the media reporting in the case.

The high court was not justified in ignoring that the effect of the impugned order was a gross infarction of the fundamental right of the people to know and freedom of the press which is guaranteed under the Constitution,” the plea reads.

The Patna HC, which has been monitoring the Muzaffarpur shelter home probe, had on August 23 expressed displeasure over the leak of details of the investigation and directed the media from publishing the same as it could be detrimental to the probe.

The petitioner, a Patna journalist, has claimed that there was no material before the HC that proved that the media reporting may hinder the ongoing investigation in the case.

The plea further reads, “The high court committed an error in appreciating that the blanket ban had a chilling effect and is a direct assault on the rights of the public at large as also the rights of the fourth estate under Article 19(1)(a) of the Constitution.”

In fact, the petitioner has said that because of the media reports that abuse of inmates of the Muzaffarpur shelter home was exposed and even the top court had taken cognizance of it. Hence, imposing a blanket ban on reporting the ongoing investigation into the case was “arbitrary”.

Tagged: Muzaffarpur Shelter Home Abuse   Bihar Shelter Home Case   Media Ban   Article 19(1)(a) of the Constitution   SC  
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