HC restrains disclosing of teen’s identity who ‘hit’ man with SUV

The interim order was passed by a bench of justice Saurabh Banerjee while hearing a petition filed by the minor’s father. In the plea, the father’s lawyer Lal Singh Thakur sought protection against disclosure of the juvenile’s identity, arguing that media coverage since the February 3 incident had led to harassment and prejudice against the family.

The Delhi High Court on Friday restrained till July 9 the Centre, Delhi Police, the Press Council of India and news agency Press Trust of India from disclosing the identity of a 17-year-old accused of driving a speeding SUV that allegedly killed 23-year-old biker Sahil Dhaneshra in Dwarka.

The case stems from a fatal crash in Dwarka on February 3 (Representative photo)

The interim order was passed by a bench of justice Saurabh Banerjee while hearing a petition filed by the minor’s father. In the plea, the father’s lawyer Lal Singh Thakur sought protection against disclosure of the juvenile’s identity, arguing that media coverage since the February 3 incident had led to harassment and prejudice against the family.

The plea contended that media organisations had been persistently pursuing the minor and his relatives across platforms, causing severe mental distress and undermining the boy’s right to a fair trial. He argued that the continued publication and circulation of identifying details violated statutory safeguards protecting children in conflict with law.

“In the meanwhile, the respondent(s) … and those under them are restrained from disclosing any record of the child for character certificate or otherwise including the face, details, identity of the accused who is a juvenile till the next date of hearing ie July 9,” the court said in its order.

The father also sought directions to restrain media outlets and social media users from publishing, sharing or amplifying material related to the minor. However, the bench declined to grant such wide-ranging relief, observing that the request effectively amounted to a blanket gag order on the press.

To be sure, the father of the 17-year-old accused has given appeared in interviews on several news channels in the aftermath of the crash and the subsequent outrage.

The court on Friday underscored that while protections exist for juveniles, any sweeping restriction on reporting would impinge on the constitutional guarantee of freedom of speech and expression. “Journalism can’t be curbed and the only issue is to what extent… There is no law which says the right to press can be curbed… Barring that what you are asking in this petition is a complete gag order. There is no such order which can be passed by any court of law regarding press or media… How can freedom of journalism be curtailed… You are asking for a complete gag. That is the infiltration of the constitutional right,” the bench observed during the hearing.

The case stems from a fatal crash in Dwarka on February 3. According to police, a speeding Mahindra Scorpio allegedly driven by the teenager struck Sahil Dhaneshra’s two-wheeler and then rammed into a parked cab, critically injuring its driver. The minor, who did not possess a driving licence, was apprehended and sent to an observation home.

Police registered a case under provisions of the Bharatiya Nyaya Sanhita dealing with rash and negligent driving, causing death by negligence and endangering human life. Six days later, on February 10, the Juvenile Justice Board granted the 17-year-old interim bail to enable him to appear for his Class 10 board examinations, directing him to surrender on March 9 after the exams concluded. The relief followed submissions by his counsel that he was unable to study in a conducive environment at the observation home.

Separately, the juvenile’s father has been bound down by the police as part of the proceedings.