The Delhi High Court Wednesday asked a news company to “hold its hand” for the time being and not publish any information against a Delhi-based businessman in connection with a drugs case involving the son of a Bollywood actor.
Justice Rekha Palli said that she would pass appropriate orders after hearing the parties on October 7 but “more damage should not be caused” in the meantime.
“Your client will hold its hand and not publish anything for the time being. You make that statement or I will pass the order... He is not an accused as on date unless NCB releases something. I am not saying don't report anything,” the judge said.
The judge was hearing a petition by Arjun Jain -- an entrepreneur in the field of entertainment and event management -- who moved court alleging a media campaign against him.
In its order, the court took on record the news company's undertaking that till the matter is taken up, it will not publish any information in respect of the events that have happened in the past.
“(The counsel for the news company) assures that till the matter is taken up, respondent no 3 (news company) will not publish any information about the petitioner in respect of the events that have happened in the past,” the court recorded in its order.
Earlier this month, the Narcotics Control Bureau (NCB) busted a drugs party onboard a cruise ship off the Mumbai coast and arrested Bollywood superstar Shah Rukh Khan's son Aryan Khan and several others.
Counsel for the news channel argued that the petition ought to be dismissed as the report in question amounted to “fair reporting”.
Lawyer Adit S Pujari, representing the petitioner, submitted that the news channel was running a “media campaign” against his client and even declared him an absconder.
The petition informs that the news company made “unsubstantiated allegations” that the petitioner was the mastermind who organised the alleged rave party and was an associate director of M/s Namascray Experience Pvt Ltd, one of the alleged organisers of the cruise.
The lawyer stated that Jain was a mere shareholder possessing 50 per cent shares in M/s Whitefox Pvt. Ltd which is an entity having 30 per cent shares in Namascray.
Counsel for News Broadcasting & Digital Standards Authority stated that while it has the power to adjudicate complaints, it lacked the power to issue a pre-censor order.
The court was informed that the guidelines concerning media trial and protection of privacy were already in place.
In the petition, the businessman has prayed for a direction to the news company to remove all allegedly defamatory links and reportage on him after October 2.
The petition also sought direction to the Ministry of Information and Broadcasting, to draft rules to address reportage of criminal investigations and trials and consequently to create an emergency grievance redressal system for such reportage.
