The Calcutta High Court has declined to entertain a plea filed by Trinamool Congress MP Abhishek Banerjee seeking directions to restrain media houses from publishing or circulating reports and opinions concerning him in connection with an ongoing investigation.
Banerjee, who is under investigation in an FIR, alleged that investigating agencies were leaking details of the probe, including information relating to interrogation, searches and other investigative steps, to media organisations. He claimed that the alleged leaks had resulted in a sustained campaign against him, violating his rights to dignity, reputation and a fair investigation under Article 21 of the Constitution.
Relying on an earlier High Court order concerning his wife, Banerjee’s counsel submitted that the Court had previously prescribed safeguards for media reporting during an ongoing investigation. These included directions to investigating agencies against disclosing investigation-related material to the public or media and requirements for media organisations to ensure that their reports were objective, accurate and capable of corroboration.
Counsel clarified that the principal grievance in the present plea was against the media houses and their alleged reporting, while the alleged leakage by investigating agencies was ancillary to the challenge. He sought a direction restraining the media respondents from making or publishing statements, opinions or representations concerning matters forming part of the pending investigation.
The Court, however, raised concerns regarding the roster and its jurisdiction to entertain the plea, particularly since the allegations also concerned the investigating agency.
The High Court ultimately held that it did not have jurisdiction to hear the application and granted Banerjee liberty to approach the appropriate court. In view of the urgency expressed, the Court also permitted him to mention the matter before the appropriate court.
The plea was filed against the backdrop of Banerjee’s ongoing investigation and his allegations that information from the probe was being selectively disclosed to the media. His plea sought to balance his right to reputation and a fair investigation against media reporting during the pendency of the proceedings.
Banerjee relied on the High Court’s earlier directions in a similar matter involving his wife, contending that comparable safeguards should apply to prevent disclosure of investigation material and ensure responsible reporting while the probe remains pending.
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